2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 39A. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
§ 39A-101 Definitions.

Universal Citation: 12 DE Code § 39A-101. (2020)
§ 39A-101. Definitions.

For purposes of this chapter:

(1) “Adult” means an individual who has attained 18 years of age.

(2) “Conservator” is a “guardian of the property” as that term is used in this title.

(3) “Court” means the Court of Chancery.

(4) “Emergency” means the respondent is in danger of incurring imminent serious physical harm or substantial economic loss or expense.

(5) “Guardian” is a “guardian of the person” as that term is used in this title.

(6) “Guardianship order” means an order appointing a guardian.

(7) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(8) “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.

(9) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding.

(10) “Person,” except in the term “person who is incapacitated” or “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.

(11) “Person who is incapacitated” shall mean a “person with a disability” as that term is defined in § 3901(a)(2) of this title.

(12) “Protected person” means an adult for whom a protective order has been issued.

(13) “Protective order” means an order appointing a “guardian of the property” as that term is used in this title.

(14) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.

(15) “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.

(16) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.

(17) “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. In determining under §§ 39A-201 and 39A-301(e) of this title whether a respondent has a significant connection with a particular state, the Court shall consider:

a. The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

b. The length of time the respondent at any time was physically present in the state and the duration of any absence;

c. The location of the respondent's property; and

d. The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

(18) “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.

76 Del. Laws, c. 380, § 5;  78 Del. Laws, c. 179, §§ 124, 125; 
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