Sections
§ 39A-101 Definitions 12
§ 39A-102 International application of Act 12
§ 39A-103 Communication between courts 12
§ 39A-104 Cooperation between courts 12
§ 39A-105 Taking testimony in another state 12
§ 39A-201 Jurisdiction 12
§ 39A-202 Special jurisdiction 12
§ 39A-203 Exclusive and continuing jurisdiction 12
§ 39A-204 Appropriate forum 12
§ 39A-205 Jurisdiction declined by reason of conduct 12
§ 39A-206 Notice of proceeding 12
§ 39A-207 Proceedings in more than 1 state 12
§ 39A-301 Transfer of guardianship or conservatorship to another state 12
§ 39A-302 Accepting guardianship or conservatorship transferred from another … 12
§ 39A-401 Foreign guardians 12
§ 39A-402 Effective date 12

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Terms Used In Delaware Code > Title 12 > Chapter 39A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

  • Adult: means an individual who has attained 18 years of age. See Delaware Code Title 12 Sec. 39A-101
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donee: The recipient of a gift.
  • Emergency: means the respondent is in danger of incurring imminent serious physical harm or substantial economic loss or expense. See Delaware Code Title 12 Sec. 39A-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Home state: means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition. See Delaware Code Title 12 Sec. 39A-101
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Person who is incapacitated: shall mean a "person with a disability" as that term is defined in § 3901(a)(2) of this title. See Delaware Code Title 12 Sec. 39A-101
  • Personal property: All property that is not real property.
  • protected person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Delaware Code Title 12 Sec. 39A-101
  • Protective order: means an order appointing a "guardian of the property" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
  • Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Delaware Code Title 12 Sec. 39A-101
  • Quorum: The number of legislators that must be present to do business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 39A-101
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Delaware Code Title 12 Sec. 39A-101
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Significant-connection state: means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. See Delaware Code Title 12 Sec. 39A-101
  • 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
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302