2018 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 39. GUARDIANSHIP
Subchapter VI Public Guardian
§ 3982. Definitions.
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:
a. Circumstances in which there is no other suitable person related to the individual willing or able to serve as surrogate decision maker or guardian; or
b. Circumstances in which a person willing or able to serve, or already serving, as a validly appointed agent of a durable power of attorney, a surrogate decision maker, 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'' shall mean a "person with a disability'' as that term is defined in § 3901(a)(2) of this title.
78 Del. Laws, c. 40, § 1; 78 Del. Laws, c. 179, §§ 121-123.
