Adult Guardianship Periodic Reporting Requirements in Delaware
At a glance
| Covered guardian and report types | Property guardian/conservator: verified inventory and accounts; person guardian: court-ordered report only (§§ 3921(b), 3941(a), 3943; 39A-101). |
|---|---|
| First plan, inventory or account | Property guardian files verified inventory with fair-market values within 30 days after appointment; supplemental inventory within 30 days of newly found/acquired property (§ 3921(b)). |
| Repeat interval and due date | Property account after 1 year; later as Chancery requires, no more than once in 2 years absent special occasion; person report only by court order (§§ 3941(a), 3943). |
| Condition and care-plan content | Guardian of person reports only to the extent ordered by court; § 3941(a) states the person guardian's ordinary reporting boundary. |
| Property and accounting content | Inventory fair-market values after diligent inquiry; property guardian fully accounts for money, effects and property received (§§ 3921(b), 3941(a)). |
| Oath and required attachments | Opening and supplemental property inventories must be verified (§ 3921(b)). |
| Who receives or may inspect the report | Guardian accounts filed, adjusted and settled by appointing Court of Chancery; death-in-office representative advises court and next of kin (§§ 3942, 3941(b)). |
| Court review and late filing | Chancery may excuse/extend account for cause or specified waivers; if due account missing, court cites guardian and may compel filing by attachment or imprisonment (§ 3944). |
| Final or change-triggered report | Supplemental inventory within 30 days after other property found/acquired; deceased guardian's representative accounts within 3 months of letters; court may order property delivery at termination (§§ 3921(b), 3941(b), 3946). |
Requirements one by one
Property guardian inventory and account
Under § 3921(b), the guardian of the property verifies an inventory showing the fair market value of known property after diligent inquiry. If other property is later found or acquired, the section calls for a supplemental verified inventory within 30 days. Section 39A-101 defines a conservator as a guardian of the property for this title.
§ 3941(a) requires the property guardian to account fully for money, effects and property received. § 3943 sets the first account at the end of one year after appointment; later accounts follow the appointing court's requirement, no more often than once every two years without a special occasion. The appointing Chancery court files, adjusts and settles accounts (§ 3942).
Person guardian reporting
§ 3941(a) expressly says the guardian of the person has no duty to account or otherwise report to the court except as its order provides. Check the particular appointment order for a report requirement.
What trips people up
A court dispensation can alter both filings. § 3944(a) allows the court to excuse accounts for cause or the specified waivers, and to extend time for cause. If no account is required under that subsection, the guardian need not file an estate inventory. For an account that is due, § 3944(b) directs a citation after default and allows attachment or imprisonment to compel filing.
Common questions
What happens if a guardian dies in office?
Under § 3941(b), the guardian's personal representative advises the court and the adult's next of kin, and accounts for the guardianship within three months after letters are granted, including the representative's time acting before a successor is appointed.
Who receives property when the guardianship closes?
§ 3946 allows the Court of Chancery to order property in the guardian's possession delivered to the former protected adult or that person's representatives.
Statutes and sources
- Delaware Code Chapter 39, subchapter II: § 3921(b), inventory; accessed 2026-10-04.
- Delaware Code Chapter 39, subchapter III: §§ 3941–3944 and 3946, accounts and settlement; accessed 2026-10-04.
- Delaware Code Chapter 39A: § 39A-101, role definition; accessed 2026-10-04.
Source links
Every statute quoted above, linked, with the date we checked it.
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