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DE HB227
Bill
Status
5/8/2014
Primary Sponsor
Melanie Smith
Click for details
AI Summary
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Eliminates the requirement to appoint a guardian for minors under age 18 receiving settlement funds from tort claims below a monetary threshold set by court rule.
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For tort settlements exceeding the monetary threshold, allows funds to be placed in court-approved annuities or structured financial instruments without requiring a guardian, with an option for partial UTMA account deposits up to the threshold amount.
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Permits courts to appoint guardians for good cause to protect minors' estates and maximize public benefits eligibility, even when funds are below the threshold.
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Authorizes the Court of Chancery and Superior Court, with Supreme Court approval, to establish monetary thresholds by rule for determining when guardian appointment is required.
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Reduces administrative burden on courts by eliminating oversight of small minor guardianship cases, allowing judicial resources to focus on cases involving vulnerable populations and larger settlements requiring active management.
Legislative Description
An Act To Amend Title 12 Of The Delaware Code Relating To Guardianships.
Last Action
Signed by Governor
5/8/2014