IMO YE, a person with an alleged disability

• Court: Court of Chancery of Delaware
• Decided: January 10, 2024
• Docket: C.A. 19705-S
• Status: Published

Opinion

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

IN THE MATTER OF: : : Y.E., : C.M. # 19705-S A person with a disability :

ORDER APPROVING COMPENSATION & CONTRIBUTION

WHEREAS, Y.E. is a person with a disability supported by D.E. (the

“Guardian”), who was appointed as guardian of Y.E.’s person and property on

August 6, 2021; 1

WHEREAS, on November 20, 2023, at a routine hearing scheduled to discuss

the Guardian’s second accounting (the “Second Accounting”), the Guardian was

directed to (1) close Y.E.’s Bank of America account, (2) submit additional receipts

in support of the Second Accounting, and (3) provide a list of shared household

expenses such that the Court could determine Y.E.’s proportionate share; the

Guardian was also advised that he could not pay himself for caregiver services but

could request payment at a specific hourly, weekly, or monthly rate;

WHEREAS, on or about December 18, 2023, the Guardian submitted (1)

proof that the Bank of America account was closed, and the proceeds deposited into

the guardianship account, (2) additional receipts in support of expenditures reflected

1 Docket Item (“D.I.”) 6. 1 in the Second Accounting, (3) receipts showing household expenses, and (4) a

request for compensation of $300.00 per week;

WHEREAS, “a guardian must act with competency, rationality, and integrity

and in a manner that meets the best interests of the [person with a disability;]”2 a

“guardian of the property shall, in the name of the person with a disability, do

whatever is necessary for the care, preservation and increase of the property of the

person with a disability[;]”3

WHEREAS, “[t]he guardian of the property may, without court authorization

or confirmation, pay or apply income or principal from the estate as needed for the

clothing, support, care, protection, welfare and rehabilitation of the person with a

disability, as requested by the person with a disability or the guardian of the person,

if any. In exercising this power, the guardian of the property shall consider the cost

of support and care of the person with a disability for the expected life of the person

with a disability and the needs of any persons dependent upon the person with a

disability as may be reasonably anticipated[;]”4 “[t]he guardian of the property shall

not be required to expend the guardian’s own money for the support or care of the

property or person[;]” 5

2 In re Harris, 2003 WL 22843905, at *1 (Del. Ch. Nov. 14, 2003). 3 12 Del. C. § 3921(c). 4 12 Del. C. § 3923(e). 5 12 Del. C. § 3923(f). 2 WHEREAS, by the final appointment order, the Guardian was required to file

accountings; under Court of Chancery Rule 116, guardians must submit “such

vouchers as may be required” with their accountings; the Court’s Handbook for

Guardians of Adults clarifies as follows:

A guardian must keep complete records of the income (e.g., interest, pension, dividends) and assets (e.g., accounts, stocks, tort settlement) received and spent (how, when and how much) for the Protected Person. A copy of a cancelled check, along with an invoice for payment or receipt, is adequate to prove expenses. It should be clear from the receipt or by notation what the expenditure was for, e.g., medication, clothes, etc.6

WHEREAS, similarly, “[i]f the Court so authorizes, the accounting may

include reimbursement from the Protected Person’s funds to the guardian for

expenses incurred by the guardian on behalf of the Protected Person, including Court

costs, filing fees, attorney’s fees (such as attorney ad litem’s fees), reasonable

expenses incurred for the benefit of the Protected Person such as clothing, toiletries,

etc. Any such requests for reimbursement must include itemized receipts

documenting the expenditure[;]”7

IT IS HEREBY ORDERED this 10th day of January 2024, as follows:

1. From the date of this Order and unless otherwise ordered, the Guardian

6 Court of Chancery of the State of Delaware, Handbook for Guardians of Adults, p.42, available at https://courts.delaware.gov/chancery/guardianship/index.aspx. 7 Id. at p.44. 3 may make two recurring withdraws from the guardianship account, for which no

further support or documentation is required:

a. The Guardian may withdraw $300.00 per week, payable to

himself, for caregiving services, provided the Guardian continues

to provide such services. If the Guardian ceases to act as caregiver,

he shall cease withdrawing payments and notify the Court within

one week of his cessation by letter filed on the docket.

b. The Guardian may withdraw $350 per month reflecting Y.E.’s

portion of the following household expenses: Delmarva Power,

HOA fees, water and sewer, and cable/internet services. The

Guardian may charge Y.E. with additional household expenses

(e.g., waste removal, propane, insurance) in her proportionate

share (1/2), but must submit documentation in support with each

accounting.

2. The Guardian shall not use guardianship funds to cover household

expenses related to Y.E.’s Maryland property absent prior approval, which the

Guardian can request through a petition to expend.

3. The Second Accounting will be approved as an accurate reflection of

the income and expenditures during the accounting period.

4 4. The Guardian is reminded that he must provide receipts or invoices for

every expenditure from the guardianship account. Future unsupported expenditures

may be converted into a judgment against the Guardian and the Court will consider

other appropriate sanction(s) to protect Y.E. and preserve her property.

__/s/ Selena E. Molina____________ Magistrate Selena E. Molina