2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 40. Delaware Careplan Trust Act
§ 4002. Purpose, scope and organization.
(a) The Delaware CarePlan Trust is intended to encourage supplementation and augmentation of those services provided by local, state and federal government agencies for persons with disabilities. It will provide a method to assure ongoing individualized support for a person with a disability. Assets contributed by or on behalf of a person with a disability will be available for the use and benefit of such participant. Assets of participants may be pooled to provide efficient management.
(b) This chapter shall be liberally construed and applied to promote its underlying purposes and policies, including, but not limited, to:
(1) Encourage the orderly establishment of the Delaware CarePlan Trust for the benefit of persons with disabilities;
(2) Ensure that the Delaware CarePlan Trust is administered properly and that its Board is free from conflicts of interest;
(3) Facilitate the sound administration of contributions on behalf of persons with disabilities by allowing family members and other interested persons to obtain professional investment management, which may entail pooling of contributions;
(4) Provide families and other interested persons peace of mind in knowing that a means exists to support and assist persons with disabilities and provide efficient management of assets;
(5) Make guardians available for persons with disabilities as needed;
(6) Encourage the availability of resources for the supplemental needs of persons with disabilities that are not available through any governmental or charitable program;
(7) Encourage the inclusion of indigent persons with disabilities as beneficiaries of the Delaware CarePlan Trust if and when funds are available for such persons; and
(8) Encourage families and other interested persons to set aside funds for the future protection of persons with disabilities by ensuring that the interest of persons with disabilities in the Delaware CarePlan Trust are not considered assets or income that would disqualify them from any governmental program with an economic means test.
(c) The Delaware CarePlan Trust shall be organized as a nongovernmental nonprofit organization pursuant to Delaware law.71 Del. Laws, c. 360, § 1;