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DE SB24

Bill

Status

Passed

6/8/2011

Primary Sponsor

William Carson

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Origin

Senate

146th General Assembly

AI Summary

  • Establishes the Office of the Public Guardian as guardian of last resort for Delaware citizens lacking capacity to make decisions about their persons or property, led by an attorney licensed in Delaware appointed by the Governor for a six-year term.

  • Defines "last resort" to include circumstances where no suitable person is willing or able to serve as guardian, where an available person is unsuitable, or where exceptional circumstances warrant Public Guardian appointment.

  • Grants the Public Guardian authority to evaluate referrals, recommend alternatives to guardianship, file petitions, serve as guardian when appointed, maintain professional certification, and coordinate volunteer legal representation for wards.

  • Creates the 12-member Delaware Guardianship Commission staffed by the Office of the Public Guardian to advise on policies, examine guardianship system effectiveness, conduct annual needs assessments, recommend legislation, and develop educational programs on guardianship and alternatives.

  • Establishes that the Public Guardian may accept grants and gifts for office operations, may appoint subordinates including nonprofits to assist with duties, and that court costs may be waived; act becomes effective 30 days after enactment.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To The Office Of The Public Guardian And To Establish The Delaware Guardianship Commission.

Last Action

Signed by Governor

6/8/2011

Committee Referrals

Judiciary5/10/2011
Children; Youth & Families3/17/2011

Full Bill Text

No bill text available