Delaware Code

12 Del. C. § 3903 (2026)

Separate guardian of the person and property

✓ current as of May 2026

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The Court of Chancery may appoint 2 or more persons as guardians of the person with a disability, 1 or more to have the care of the person of the person with a disability and the other or others to have possession and management of the property of the person with a disability with all the rights and powers and subject to all the duties respecting the property of the person with a disability, or the Court may appoint 1 person guardian with all the rights and powers and subject to all the duties respecting both the person and property of the person with a disability.

Code 1852, §§ 1492-1494; Code 1915, § 3090; 30 Del. Laws, c. 202, § 1; Code 1935, § 3580; 43 Del. Laws, c. 208, § 1; 12 Del. C. 1953, § 3903; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 78 Del. Laws, c. 179, § 93;

Notes of Decisions

Cited in 3 cases, 1971–1973 · leading case: In Re Bunting, 311 A.2d 855 (Del. 1973).

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In Re Bunting, 311 A.2d 855 (Del. 1973). · cites it 2× “” The argument is, however, without foundation. *857 By statute, guardianship may extend to either the care of a minor’s person or his property, or both his person and his property.”

In Re Two Minor Child., 283 A.2d 859 (Del. Ch. 1971). “12 Del.C. § 3903 ; 57 Del.L., Ch. 402. Speaking generally, custody involves immediate care and control, while a guardianship indicates not only those responsibilities but those of a parent (loco parentis) ns well.”

In Re Erich, 310 A.2d 910 (Del. Ch. 1973). “2 Chancery jurisdiction is statutory, 12 Del. C. § 3903. This is the decision after final hearing.”

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