IMO YE, a person with an alleged disability ( 2024 )

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN THE MATTER OF: :
:
Y.E., : C.M. # 19705-S
A person with a disability :
ORDER APPROVING COMPENSATION & CONTRIBUTION
WHEREAS, Y.E. is a person with a disability supported by D.E. (the
“Guardian”), who was appointed as guardian of Y.E.’s person and property on
August 6, 2021; 1
WHEREAS, on November 20, 2023, at a routine hearing scheduled to discuss
the Guardian’s second accounting (the “Second Accounting”), the Guardian was
directed to (1) close Y.E.’s Bank of America account, (2) submit additional receipts
in support of the Second Accounting, and (3) provide a list of shared household
expenses such that the Court could determine Y.E.’s proportionate share; the
Guardian was also advised that he could not pay himself for caregiver services but
could request payment at a specific hourly, weekly, or monthly rate;
WHEREAS, on or about December 18, 2023, the Guardian submitted (1)
proof that the Bank of America account was closed, and the proceeds deposited into
the guardianship account, (2) additional receipts in support of expenditures reflected
1
Docket Item (“D.I.”) 6.
1
in the Second Accounting, (3) receipts showing household expenses, and (4) a
request for compensation of $300.00 per week;
WHEREAS, “a guardian must act with competency, rationality, and integrity
and in a manner that meets the best interests of the [person with a disability;]”2 a
“guardian of the property shall, in the name of the person with a disability, do
whatever is necessary for the care, preservation and increase of the property of the
person with a disability[;]”3
WHEREAS, “[t]he guardian of the property may, without court authorization
or confirmation, pay or apply income or principal from the estate as needed for the
clothing, support, care, protection, welfare and rehabilitation of the person with a
disability, as requested by the person with a disability or the guardian of the person,
if any. In exercising this power, the guardian of the property shall consider the cost
of support and care of the person with a disability for the expected life of the person
with a disability and the needs of any persons dependent upon the person with a
disability as may be reasonably anticipated[;]”4 “[t]he guardian of the property shall
not be required to expend the guardian’s own money for the support or care of the
property or person[;]” 5
2
In re Harris, 2003 WL 22843905, at *1 (Del. Ch. Nov. 14, 2003).
3
12 Del. C. § 3921(c).
4
12 Del. C. § 3923(e).
5
12 Del. C. § 3923(f).
2
WHEREAS, by the final appointment order, the Guardian was required to file
accountings; under Court of Chancery Rule 116, guardians must submit “such
vouchers as may be required” with their accountings; the Court’s Handbook for
Guardians of Adults clarifies as follows:
A guardian must keep complete records of the income (e.g., interest,
pension, dividends) and assets (e.g., accounts, stocks, tort settlement)
received and spent (how, when and how much) for the Protected
Person. A copy of a cancelled check, along with an invoice for payment
or receipt, is adequate to prove expenses. It should be clear from the
receipt or by notation what the expenditure was for, e.g., medication,
clothes, etc.6
WHEREAS, similarly, “[i]f the Court so authorizes, the accounting may
include reimbursement from the Protected Person’s funds to the guardian for
expenses incurred by the guardian on behalf of the Protected Person, including Court
costs, filing fees, attorney’s fees (such as attorney ad litem’s fees), reasonable
expenses incurred for the benefit of the Protected Person such as clothing, toiletries,
etc. Any such requests for reimbursement must include itemized receipts
documenting the expenditure[;]”7
IT IS HEREBY ORDERED this 10th day of January 2024, as follows:
1. From the date of this Order and unless otherwise ordered, the Guardian
6
Court of Chancery of the State of Delaware, Handbook for Guardians of Adults, p.42, available
at https://courts.delaware.gov/chancery/guardianship/index.aspx.
7
Id. at p.44.
3
may make two recurring withdraws from the guardianship account, for which no
further support or documentation is required:
a. The Guardian may withdraw $300.00 per week, payable to
himself, for caregiving services, provided the Guardian continues
to provide such services. If the Guardian ceases to act as caregiver,
he shall cease withdrawing payments and notify the Court within
one week of his cessation by letter filed on the docket.
b. The Guardian may withdraw $350 per month reflecting Y.E.’s
portion of the following household expenses: Delmarva Power,
HOA fees, water and sewer, and cable/internet services. The
Guardian may charge Y.E. with additional household expenses
(e.g., waste removal, propane, insurance) in her proportionate
share (1/2), but must submit documentation in support with each
accounting.
2. The Guardian shall not use guardianship funds to cover household
expenses related to Y.E.’s Maryland property absent prior approval, which the
Guardian can request through a petition to expend.
3. The Second Accounting will be approved as an accurate reflection of
the income and expenditures during the accounting period.
4
4. The Guardian is reminded that he must provide receipts or invoices for
every expenditure from the guardianship account. Future unsupported expenditures
may be converted into a judgment against the Guardian and the Court will consider
other appropriate sanction(s) to protect Y.E. and preserve her property.
__/s/ Selena E. Molina____________
Magistrate Selena E. Molina
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