Delaware § 3941 Guardian’s duty to account

Delaware Statutes

§ 3941 — Guardian’s duty to account

Delaware § 3941

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 39GUARDIANSHIP

Subch.Accounting and Settlement

This text of Delaware § 3941 (Guardian’s duty to account) 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, § 3941 (2026).

Text

(a)A guardian of the property shall fully account, in accordance with this subchapter, for all the money, effects and property of the person with a disability which the guardian has received, but a guardian of the person shall have no duty to account or otherwise report to the Court, except as provided by order of the Court.

(b)The personal representative of a guardian who dies in office shall, upon appointment as personal representative, advise the Court of Chancery and the next of kin of the person with a disability of the death of the guardian and thereafter assume the duties of the guardian until a successor guardian is appointed. The personal representative shall file a petition for the appointment of an appropriate successor guardian within 60 days of being appointed personal repr

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(a) A guardian of the property shall fully account, in accordance with this subchapter, for all the money, effects and property of the person with a disability which the guardian has received, but a guardian of the person shall have no duty to account or otherwise report to the Court, except as provided by order of the Court.

(b) The personal representative of a guardian who dies in office shall, upon appointment as personal representative, advise the Court of Chancery and the next of kin of the person with a disability of the death of the guardian and thereafter assume the duties of the guardian until a successor guardian is appointed. The personal representative shall file a petition for the appointment of an appropriate successor guardian within 60 days of being appointed personal representative if no other interested party has filed such a petition. The personal representative shall render to the Court an account of the decedent’s guardianship (including such period of time the personal representative performed the duties of the guardian prior to appointment of a successor guardian) within 3 months of the grant of letters testamentary or letters of administration.

Legislative History

Code 1852, § 1496; 21 Del. Laws, c. 293, §§ 1-3 ; Code 1915, § 3092; Code 1935, § 3582; 12 Del. C. 1953, § 3941; 69 Del. Laws, c. 109, § 2 ; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 179, § 108