Delaware § 3908 Removal, resignation or death of guardian

Delaware Statutes

§ 3908 — Removal, resignation or death of guardian

Delaware § 3908

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 39GUARDIANSHIP

Subch.Appointment, Bond and Tenure of Guardian

This text of Delaware § 3908 (Removal, resignation or death of guardian) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 3908 (2026).

Text

(a)The Court of Chancery may remove a guardian for any sufficient cause. A guardian may, on petition, be allowed to resign when it appears to the Court proper to allow the same. On every such removal or resignation and also on the death of any guardian the Court may appoint a successor guardian.

(b)The Court shall direct the guardian so resigning or removed to render a full account of the guardianship before the Court and may order the guardian to pay and deliver all the money, effects and estate in the guardian’s hands as such guardian to the guardian’s successor or to a receiver appointed by the Court, to the former person with a disability, or to the guardian’s personal representative and may enforce such orders. The Court may also order suit to be brought on the guardian’s bond, whi

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(a) The Court of Chancery may remove a guardian for any sufficient cause. A guardian may, on petition, be allowed to resign when it appears to the Court proper to allow the same. On every such removal or resignation and also on the death of any guardian the Court may appoint a successor guardian.

(b) The Court shall direct the guardian so resigning or removed to render a full account of the guardianship before the Court and may order the guardian to pay and deliver all the money, effects and estate in the guardian’s hands as such guardian to the guardian’s successor or to a receiver appointed by the Court, to the former person with a disability, or to the guardian’s personal representative and may enforce such orders. The Court may also order suit to be brought on the guardian’s bond, which suit may be prosecuted in the name of the person with a disability by next friend or guardian and it shall in no way affect or impair the right of excepting to the guardian’s accounts.

Legislative History

Code 1852, § 1968; 22 Del. Laws, c. 451, § 2 ; Code 1915, § 3919; Code 1935, § 4427; 12 Del. C. 1953, § 3910; 57 Del. Laws, c. 402, § 3 ; 69 Del. Laws, c. 109, § 2 ; 78 Del. Laws, c. 179, §§ 96, 97