Delaware General Assembly


CHAPTER 245

AN ACT TO AMEND TITLE 12, DELAWARE CODE, CHAPTER 35, SECTION 3508 RELATING TO APPOINTMENT OF FIDUCIARY TO RECEIVE BENEFITS PAYABLE BY THE UNITED STATES OF AMERICA.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 12, Section 3508, Delaware Code, is hereby amended by striking out all of said section and substituting in lieu thereof the following:

§ 3508. Appointment of Fiduciary to Receive Benefits Payable by the United States of America

(a) Whenever any military or administrative body or agency of the Government of the United States of America is authorized or directed to pay monetary benefits to any person, and the said body or agency requires that a trustee or guardian be appointed by a court to receive such benefits, the Court of Chancery in the case of an adult, or the Orphans' Court, in the case of a minor, upon the presentation of a petition drawn and executed in conformity with the rules of the Court, upon evidence satisfactory to the Court, shall appoint a. trustee or guardian with authority to receive said monies and all other property, and to disburse and account for the same in accordance with the rules and orders of the Court.

(b) There shall be no charge made by any public officer, nor any costs taxed or allowed by the Court, in any proceeding brought under the provisions of this section, or in subsequent proceedings brought by a fiduciary appointed under the provisions of this section.

(c) A trustee or guardian appointed under the provisions of this section shall be entitled to such reasonable expenses and compensation as the Court allows.

Approved April 14, 1964.