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Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3982. Definitions

Current as of January 01, 2026 | Updated by Findlaw Staff

For the purposes of this chapter:

(1) “Court” means the Court of Chancery or the court which has jurisdiction for the appointment of guardians for the person, or property, or both, pursuant to this chapter.

(2) “Guardian” means a court-appointed guardian.

(3) “Guardianship Commission” means the Delaware Guardianship Commission.

(4) The term “last resort” includes any of the following:

a. Circumstances in which there is no other suitable person willing or able to serve as an agent under a durable power of attorney, an agent under a power of attorney for health care, a default surrogate decision maker, guardian, representative payee, or VA fiduciary.

b. Circumstances in which a person willing or able to serve, or already serving, as a validly appointed agent under a durable power of attorney, an agent appointed under a power of attorney for health care, a default surrogate decision maker, representative payee, VA fiduciary, or a guardian, is available but sufficient cause has been found by the court that the individual available or so acting is not suitable to serve and that the appointment of the Public Guardian is in the best interest of the person who is incapacitated.

c. Exceptional circumstances have been found by the court to establish that appointment of the Public Guardian is in the best interest of the person who is incapacitated.

(5) “Person who is incapacitated” means a “person with a disability” as that term is defined under § 3901(a)(2) of this title.

(6) “Representative payee” means a person appointed by the Social Security Administration to receive Social Security or SSI benefits for an individual who cannot manage or direct the management of the individual's Social Security or SSI benefits.

(7) “VA fiduciary” means a person appointed by the U.S. Department of Veterans Affairs (VA) to receive VA benefits for an individual who is unable to manage the individual's VA benefits.

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Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3982. Definitions - last updated January 01, 2026 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-3982/

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