(a) The Delaware Guardianship Commission is hereby established and shall be known as the “Guardianship Commission.” The Commission shall consist of 13 members and shall be staffed by the Office of the Public Guardian. The Guardianship Commission shall be comprised of the following:

(1) One member from the Court of Chancery, designated by the Chancellor.

(2) A representative from the Department of Justice, designated by the Attorney General.

(3) The Director of the Guardianship Monitoring Program, or the Director’s designee.

(4) One member of the House of Representatives, designated by the Speaker of the House.

(5) One member of the Senate, designated by the President Pro Tempore of the Senate.

(6) The Director of the Division of Services for Aging and Adults with Physical Disabilities, or the Director’s designee.

(7) The Director of the Division of Substance Abuse and Mental Health, or the Director’s designee.

(8) The Director of the Division of Developmental Disabilities Services, or the Director’s designee.

(9) The Secretary of the Department of Health and Social Services, or the Secretary’s designee.

(10) A representative from the Disability Community, designated by the Secretary of Health and Social Services.

(11) A representative from the Senior Citizen Community, designated by the Secretary of Health and Social Services.

(12) A representative from the hospital community, designated by the Delaware Healthcare Association.

(13) The Chair of the Elder Law Section of the Delaware State Bar Association, or the Chair’s designee.

Terms Used In Delaware Code Title 12 Sec. 3991

  • 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
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101

(b) The Public Guardian shall serve as the Executive Director of the Commission to effectuate its purposes. The Public Guardian may, with the concurrence of the members, invite other individuals to participate in the Commission to advance its work.

78 Del. Laws, c. 40, § ?2; 83 Del. Laws, c. 342, § 1;