Delaware § 3909 Term of guardianship

Delaware Statutes

§ 3909 — Term of guardianship

Delaware § 3909

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 39GUARDIANSHIP

Subch.Appointment, Bond and Tenure of Guardian

This text of Delaware § 3909 (Term of guardianship) 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, § 3909 (2026).

Text

(a)If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, unless terminated earlier by the Court upon application of the guardian, the minor or other interested party, or by the death of the minor, the guardianship of such minor shall terminate automatically when the minor attains the age of 18 years.

(b)The automatic termination of the guardianship of the property of any minor shall not relieve the guardian of any duty to account. The guardian may be released by the Court of Chancery upon application of the guardian or the former minor.

(c)The guardianship of the person or property, or both, of any person with a disability for reasons other than minority shall continue until 1 of the following occur:

(1)The death of the p

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(a) If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, unless terminated earlier by the Court upon application of the guardian, the minor or other interested party, or by the death of the minor, the guardianship of such minor shall terminate automatically when the minor attains the age of 18 years.

(b) The automatic termination of the guardianship of the property of any minor shall not relieve the guardian of any duty to account. The guardian may be released by the Court of Chancery upon application of the guardian or the former minor.

(c) The guardianship of the person or property, or both, of any person with a disability for reasons other than minority shall continue until 1 of the following occur:

(1) The death of the person with a disability.

(2) Termination by the Court of Chancery upon application of the guardian, the person with a disability, or another interested party.

Legislative History

Code 1852, §§ 1959, 1960; 19 Del. Laws, c. 257, § 1 ; 22 Del. Laws, c. 451, § 1 ; Code 1915, § 3914; Code 1935, § 4422; 12 Del. C. 1953, § 3911; 58 Del. Laws, c. 511, § 67 ; 64 Del. Laws, c. 185, § 1 ; 65 Del. Laws, c. 337, § 1 ; 69 Del. Laws, c. 109, § 2 ; 78 Del. Laws, c. 179, §§ 98, 99 ; 82 Del. Laws, c. 90, § 2