2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 40. Delaware Careplan Trust Act
§ 4001. Definitions.
In this chapter:
(1) “Comprehensive care plan” means those services offered by the Delaware CarePlan Trust that are designed to ensure that the needs of each participant are being met for as long as may be required and may include periodic visits to the participant and to the places where the participant receives services, participation in the development of individualized plans for the participant, and other similar services consistent with the purposes of this chapter.
(2) “Delaware CarePlan Trust” means a nonprofit nongovernmental organization that offers the following services:
a. Administration of trust funds for persons with disabilities;
b. Comprehensive care planning;
c. Guardianship for persons with disabilities who are incompetent; and
d. Advice and counsel to persons who have been appointed as individual guardians of the person or property of persons with disabilities.
(3) “Participant” shall mean any person with a disability who is accepted as a participant in and has the right to receive services from the Delaware CarePlan Trust.
(4) “Person with a disability” means a person with a physical or mental impairment with a long-term need for specialized health, social or other services.
(5) “Surplus trust funds” means funds accumulated in the trust from contributions made by or on behalf of a participant which, after the participant's death or withdrawal from the plan, are determined by the Board to be in excess of the actual cost of providing services during the participant's lifetime, including the participant's share of administrative costs.
(6) “Trustee” means the Board formed for the purpose of managing the community trust.