Delaware § 3981 Office established; appointment [For application of this section, see 85 Del. Laws, c. 137, § 12]

Delaware Statutes

§ 3981 — Office established; appointment [For application of this section, see 85 Del. Laws, c. 137, § 12]

Delaware § 3981

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 39GUARDIANSHIP

Subch.Public Guardian

This text of Delaware § 3981 (Office established; appointment [For application of this section, see 85 Del. Laws, c. 137, § 12]) 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, § 3981 (2026).

Text

(a)There is established an Office of the Public Guardian, with a Public Guardian who shall serve as follows:

(1)The guardian of last resort for the citizens of Delaware who have been determined to lack capacity to make decisions regarding their persons, their property, or both.

(2)The representative payee of last resort for Social Security benefits.

(3)The VA fiduciary of last resort for U.S. Department of Veterans Affairs benefits.

(b)The Public Guardian shall advocate and provide services under subsection (a) of this section, work with advocacy groups and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making, and act as an informational resource

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(a) There is established an Office of the Public Guardian, with a Public Guardian who shall serve as follows:

(1) The guardian of last resort for the citizens of Delaware who have been determined to lack capacity to make decisions regarding their persons, their property, or both.

(2) The representative payee of last resort for Social Security benefits.

(3) The VA fiduciary of last resort for U.S. Department of Veterans Affairs benefits.

(b) The Public Guardian shall advocate and provide services under subsection (a) of this section, work with advocacy groups and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making, and act as an informational resource for the public. The Public Guardian shall serve as Executive Director of the Delaware Guardianship Commission and promote the purposes of the Commission, and shall represent the Office of the Public Guardian in matters in which the appointment of the Public Guardian is sought.

(c) To bring about these goals, the Public Guardian must be an attorney duly licensed to practice law in Delaware, selected by the Governor, and shall serve for a term of 6 years from the date of swearing in.

Legislative History

59 Del. Laws, c. 579, § 9 ; 60 Del. Laws, c. 511, § 50 ; 60 Del. Laws, c. 570, § 9 ; 60 Del. Laws, c. 722, § 3 ; 69 Del. Laws, c. 109, § 2 ; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 40, § 1 ; 78 Del. Laws, c. 179, §§ 121-123 ; 80 Del. Laws, c. 302, § 1 ; 82 Del. Laws, c. 90, § 3 ; 83 Del. Laws, c. 37, § 14 ; 85 Del. Laws, c. 137, § 6