Delaware Code Title 12 Sec. 3947 – Absence of person with a disability from State; settlement of account
(a) If in any case a guardian of the property shall not be able to settle with and pay to the person with a disability, on the termination of the guardianship, the money due from the guardian to the person with a disability, in consequence of the absence of the person with a disability from this State and the place of residence of the person with a disability being unknown to the guardian, the guardian may settle and pay the money into the Court of Chancery for the county in which the guardian was appointed.
Terms Used In Delaware Code Title 12 Sec. 3947
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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 Court in which such settlement and payment shall be made shall invest the money for the use and benefit of the person with a disability.
(c) Upon payment of the money into Court the guardian and the guardian’s surety or sureties shall be discharged from all liability for or on account of the money so paid into Court and of any interest thereon from the date of the payment into Court.
11 Del. Laws, c. 200, § ?1; Code 1915, § ?3927; Code 1935, § ?4434; 12 Del. C. 1953, § ?3947; 57 Del. Laws, c. 402, § ?3; 69 Del. Laws, c. 109, § ?2; 70 Del Laws, c. 186,, § ?1; 78 Del. Laws, c. 179, § ?113;