(a) The Court of Chancery may remove a guardian for any sufficient cause. A guardian may, on petition, be allowed to resign when it appears to the Court proper to allow the same. On every such removal or resignation and also on the death of any guardian the Court may appoint a successor guardian.

Terms Used In Delaware Code Title 12 Sec. 3908

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101

(b) The Court shall direct the guardian so resigning or removed to render a full account of the guardianship before the Court and may order the guardian to pay and deliver all the money, effects and estate in the guardian’s hands as such guardian to the guardian’s successor or to a receiver appointed by the Court, to the former person with a disability, or to the guardian’s personal representative and may enforce such orders. The Court may also order suit to be brought on the guardian’s bond, which suit may be prosecuted in the name of the person with a disability by next friend or guardian and it shall in no way affect or impair the right of excepting to the guardian’s accounts.

Code 1852, § ?1968; 22 Del. Laws, c. 451, § ?2; Code 1915, § ?3919; Code 1935, § ?4427; 12 Del. C. 1953, § ?3910; 57 Del. Laws, c. 402, § ?3; 69 Del. Laws, c. 109, § ?2; 78 Del. Laws, c. 179, §§ ?96, 97;