§ 39A-101. Definitions. For purposes of this chapter: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” is a “guardian of the property” as that term is used in this title. (3) “Court” means the Court of Chancery. (4) “Emergency” means the respondent is in danger of incurring imminent serious […]
§ 39A-102. International application of Act. The Court may treat a foreign country as if it were a state for the purpose of applying this chapter. 76 Del. Laws, c. 380, § 5;
§ 39A-103. Communication between courts. (a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the Court shall make a record of the communication. The record […]
§ 39A-104. Cooperation between courts. (a) In a guardianship or protective proceeding in this State, the Court may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; […]
§ 39A-105. Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The Court on its […]
§ 39A-201. Jurisdiction. The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: 1. This State is the respondent’s home state; 2. On the date the petition is filed, this State is a significant-connection state and: (A) The respondent does not have a home state or a court […]
§ 39A-202. Special jurisdiction. (a) The Court lacking jurisdiction under § 39A-201 of this title has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency pursuant to § 3901 of this title for a term not exceeding 30 days for a respondent who is physically present in this State; […]
§ 39A-203. Exclusive and continuing jurisdiction. Except as otherwise provided in § 39A-202 of this title, a court that has appointed a guardian or issued a protective order consistent with this Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the Court or the appointment or order expires by its […]
§ 39A-204. Appropriate forum. (a) The Court having jurisdiction under § 39A-201 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If the Court declines to exercise its […]
§ 39A-205. Jurisdiction declined by reason of conduct. (a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure […]
§ 39A-206. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the […]
§ 39A-207. Proceedings in more than 1 state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under § 39A-202(a)(1) or (a)(2) of this title, if a petition for the appointment of a guardian or issuance of a […]
§ 39A-301. Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in this State may petition the Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section must be given to the persons that would be entitled to notice […]
§ 39A-401. Foreign guardians. The authority of a guardian or conservator appointed in another state to act in this state is governed by § 3904 of this title. 76 Del. Laws, c. 380, § 5;
§ 39A-402. Effective date. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009. 76 Del. Laws, c. 380, § 5;
