Delaware § 3905 Guardian’s bond; requirement; form and entry

Delaware Statutes

§ 3905 — Guardian’s bond; requirement; form and entry

Delaware·Title 12·Part Fiduciary Relations·Ch. 39 GUARDIANSHIP·Subch. Appointment, Bond and Tenure of Guardian

(a)Every person appointed guardian shall, unless bond and/or surety is dispensed with by the Court, become bound, with surety, to the person with a disability in a penal sum to be fixed by the Court, by a joint and several obligation, to be, with the security, approved by the Court, with condition that if the guardian or the guardian’s executors or administrators duly renders according to law just and true accounts of the guardianship and if the guardian, or the guardian’s executors or administrators, upon the termination of the guardianship, shall deliver and pay to the person with a disability, or the executors or administrators of the person with a disability all the property belonging to the person with a disability in the possession of the guardian and all that shall be due to the pe

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(a) Every person appointed guardian shall, unless bond and/or surety is dispensed with by the Court, become bound, with surety, to the person with a disability in a penal sum to be fixed by the Court, by a joint and several obligation, to be, with the security, approved by the Court, with condition that if the guardian or the guardian’s executors or administrators duly renders according to law just and true accounts of the guardianship and if the guardian, or the guardian’s executors or administrators, upon the termination of the guardianship, shall deliver and pay to the person with a disability, or the executors or administrators of the person with a disability all the property belonging to the person with a disability in the possession of the guardian and all that shall be due to the person with a disability from the guardian and, if the guardian shall have in all things faithfully performed and fulfilled the guardian’s duties as guardian, then the obligation shall be void.

(b) Unless bond shall be dispensed with by the Court, no certificate of guardianship shall be issued by the Register in Chancery until such bond conforming to the order of court is given and added to the guardianship docket.

(c) The Court may, at any time for good cause, waive the requirements of bond and/or surety, or reduce surety in any case where bond is required.

(d) In all cases where a public agency is the petitioner and where, in the opinion of the Court of Chancery, the resources and estate of the person for whose property a guardian is sought are insufficient to warrant the payment of costs and fees, the Court of Chancery may by order provide that the guardian so appointed need not give bond either with or without surety as otherwise required by law and may further provide that in such cases all costs and fees shall be waived.

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Legislative History

Code 1852, §§ 1964, 1965; Code 1915, § 3917; Code 1935, § 4425; 43 Del. Laws, c. 228, § 2 ; 12 Del. C. 1953, § 3907; 57 Del. Laws, c. 402, § 5 ; 69 Del. Laws, c. 109, § 2 ; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 179, § 95