Delaware Code Title 12 Sec. 3981 – Office established; appointment
(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 Department of Veterans Affairs benefits.
Terms Used In Delaware Code Title 12 Sec. 3981
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
(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.
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;