(a) If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, unless terminated earlier by the Court upon application of the guardian, the minor or other interested party, or by the death of the minor, the guardianship of such minor shall terminate automatically when the minor attains the age of 18 years.

Terms Used In Delaware Code Title 12 Sec. 3909

  • Allegation: something that someone says happened.
  • 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
  • Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101

(b) The automatic termination of the guardianship of the property of any minor shall not relieve the guardian of any duty to account. The guardian may be released by the Court of Chancery upon application of the guardian or the former minor.

(c) The guardianship of the person or property, or both, of any person with a disability for reasons other than minority shall continue until 1 of the following occur:

(1) The death of the person with a disability.

(2) Termination by the Court of Chancery upon application of the guardian, the person with a disability, or another interested party.

Code 1852, §§ ?1959, 1960; 19 Del. Laws, c. 257, § ?1; 22 Del. Laws, c. 451, § ?1; Code 1915, § ?3914; Code 1935, § ?4422; 12 Del. C. 1953, § ?3911; 58 Del. Laws, c. 511, § ?67; 64 Del. Laws, c. 185, § ?1; 65 Del. Laws, c. 337, § ?1; 69 Del. Laws, c. 109, § ?2; 78 Del. Laws, c. 179, §§ ?98, 99; 82 Del. Laws, c. 90, § 2;