Guardianship in Delaware runs through two different courts depending on the age of the person who needs protection: the Court of Chancery handles adults under Title 12, Chapter 39, and the Family Court handles children under Title 13, Chapter 23.1Justia Law. Delaware Code Title 12 Chapter 39 Subchapter I – Section 39012Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter II – General Procedures for Appointment of Guardians Each path uses its own forms, standards, and oversight rules, and filing in the wrong court delays help for a person who often cannot afford the wait.
The Kinds of Guardianship Delaware Recognizes
Adult guardianship comes in two shapes. Guardianship of the person covers healthcare, living arrangements, and personal welfare. Guardianship of the property covers finances, investments, and asset management. One guardian can hold both roles, or the Court of Chancery can split them between two people when that better serves the ward.1Justia Law. Delaware Code Title 12 Chapter 39 Subchapter I – Section 3901
Delaware law tells the court to impose the least restrictive arrangement that adequately protects the ward. If a limited guardianship covering only finances would solve the problem, the court should not sweep in medical and residential decisions too. That principle shapes almost every stage of a Chancery guardianship case.
Guardianship of a minor is a separate creature, handled in Family Court, and covers a child whose parents cannot or will not care for them.
Two special forms are worth knowing about. An emergency guardianship, available when the person faces imminent serious physical harm or substantial financial loss, lasts up to 30 days and requires the person to be physically present in Delaware.3Delaware Code Online. Delaware Code Title 12 Chapter 39A – Section 39A-202 A standby guardianship, available only for children, lets a parent or current guardian designate a successor whose authority activates on a specified triggering event — most commonly the petitioner’s incapacity, debilitation, or death. The order says whether the standby guardian’s authority begins automatically at the triggering event or can start earlier with the petitioner’s written consent.4Justia Law. Delaware Code Title 13 Chapter 23 Subchapter VI – Section 2367
Who Qualifies for a Guardian
Adults
Under Title 12, Section 3901, an adult qualifies as a “person with a disability” when mental or physical incapacity leaves them unable to manage their own person or property, and that inability puts them at risk of losing assets, being exploited, or suffering serious harm to their health.1Justia Law. Delaware Code Title 12 Chapter 39 Subchapter I – Section 3901 The statute also covers anyone under 18 who cannot legally manage their own property, and individuals deemed incapable of consenting to sterilization under Title 16.
The test has two parts: incapacity, plus real-world risk that flows from it. A diagnosis on its own is not enough. The petition has to connect the medical condition to concrete danger — financial exploitation, self-neglect, vulnerability to bad actors.
Children
A petition for guardianship of a child must state one of three grounds for each parent: the child is dependent, neglected, or abused; the proposed guardian is a stepparent meeting certain requirements; or the parent consents. A parent’s consent does not end the inquiry — the petitioner still has to explain why the guardianship is needed.5Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter II – Section 2322 If the child is 14 or older, the petition must include either the child’s consent or a showing of just cause for appointing a guardian over the child’s objection.
Any adult can file. So can the Department of Services for Children, Youth and Their Families, a licensed agency, the child’s attorney, or a hospital with an interest in the child’s welfare, as long as the proposed guardian consents.6Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter II – Section 2320
Filing the Petition
Adult Cases in the Court of Chancery
Adult petitions go to the Court of Chancery with a filing fee of $125.7Delaware Courts. Court of Chancery Schedule of Fees and Charges The petition must lay out detailed information about the proposed guardian and the proposed ward: ages, addresses, relationship, marital status, income sources, assets, debts, and monthly expenses. It must also explain specifically why the person needs a guardian and why the petitioner is the right person to serve.8Justia. Delaware Court of Chancery Guardianship Petition Instructions
A physician’s affidavit supporting the claim of incapacity has to be attached. The petition must also identify every “interested party”: the ward’s spouse, next-of-kin who would inherit under intestacy, anyone named as a fiduciary or agent in existing documents such as a power of attorney, anyone primarily responsible for the person’s care in the past six months, and the administrator of any care facility where the person currently lives.8Justia. Delaware Court of Chancery Guardianship Petition Instructions
Child Cases in the Family Court
A petition for guardianship of a minor must set out the circumstances requiring guardianship, state that the guardianship serves the child’s best interest, and — for a child 14 or older — include the child’s consent or a justification for proceeding without it.5Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter II – Section 2322 When a parent consents, an affidavit confirming that consent and acknowledging its effect on any later rescission proceeding must accompany the petition.
The Family Court orders a social study and report covering the child’s background, the proposed home, the child’s physical and mental health, and a professional recommendation on whether the placement is suitable.9Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter II – Section 2324 Investigators will visit the home and interview household members.
Notice and the Hearing
Every interested party who has not signed a notarized consent must receive notice by certified mail at least 13 days before the hearing.8Justia. Delaware Court of Chancery Guardianship Petition Instructions Missing anyone on that list will delay the case. If the proposed ward lives in a group home, the house manager also receives notice.
The court may appoint an attorney to represent the proposed ward. In adult cases, that attorney interviews the proposed ward, reviews the medical evidence, and assesses whether the proposed guardian is appropriate. Their report carries significant weight. The proposed ward has the right to attend the hearing and contest the petition, and the court considers their expressed preferences even when medical evidence supports incapacity.
At the hearing, the petitioner presents the case for guardianship. The court weighs the medical documentation, the ward’s own statements, the attorney’s findings, and input from interested parties. If the court grants the petition, its order specifies exactly what authority the guardian receives. That specificity defines what you can and cannot do.
What a Guardian Can Do
Guardian of the Person
A guardian of the person has custody of the ward and can decide where the ward lives, inside or outside Delaware. The guardian arranges care, comfort, maintenance, and, where appropriate, education and training, and manages the ward’s clothing, furniture, vehicle, and other personal effects.10Delaware Code Online. Delaware Code Title 12 Chapter 39 Subchapter II – Section 3922
One firm limit: a guardian cannot waive the ward’s rights regarding involuntary commitment to a mental health facility.10Delaware Code Online. Delaware Code Title 12 Chapter 39 Subchapter II – Section 3922 Those protections stay with the ward regardless of the guardianship order.
Guardian of the Property
A guardian of the property manages the ward’s financial life. The statute requires whatever is necessary for the care, preservation, and growth of the ward’s assets, including investing under Delaware’s prudent investor standards in Title 12, Chapter 33, unless the court restricts specific investments.11Delaware Code Online. Delaware Code Title 12 Chapter 39 Subchapter II – Section 3921
Within 30 days of appointment, the guardian must file a verified inventory listing all of the ward’s property and its fair market value. Newly discovered property triggers a supplemental inventory within 30 days of discovery.11Delaware Code Online. Delaware Code Title 12 Chapter 39 Subchapter II – Section 3921 The guardian may hire accountants, investment advisors, and attorneys and pay their reasonable fees from the ward’s assets. When a decision is genuinely difficult, the guardian can petition the court for instructions.
Bonds, Accountings, and Pay
Every guardian must post a bond unless the Court of Chancery specifically waives that requirement. The bond protects the ward’s assets against mismanagement, and the court sets the amount based on the value of the estate.
Guardians of the property file regular accountings with the court showing all transactions, income, expenses, and current asset values. Guardians of the person report on the ward’s living conditions, health, and any significant changes. These filings are how the court catches problems before they turn serious.
Guardians of the property are entitled to reasonable compensation. Professional or institutional guardians (“qualified guardians” under the statute) are paid under a fee schedule filed with the Register in Chancery, which can reflect time, complexity, risk, skill and experience, and comparable charges. Non-professional guardians, typically family members, are compensated under court rule. In extraordinary circumstances the court can authorize higher pay.12Delaware Code Online. Delaware Code Title 12 Chapter 39 Subchapter II – Section 3927
Ending or Changing a Guardianship
Adult
If an adult ward regains capacity, a petition to terminate can be filed with the Court of Chancery, which reviews updated medical evidence and decides whether the person can now manage their own affairs. When the ward’s needs have changed but not disappeared, the court can modify a full guardianship into a limited one covering only the areas where help is still needed.
The court can remove a guardian for any sufficient cause, and a guardian can petition to resign when the court finds it appropriate.13Justia Law. Delaware Code Title 12 Chapter 39 Subchapter I – Section 3908 Grounds for removal include mismanaging assets, neglecting the ward’s needs, or failing to file required reports. A replacement is appointed.
Minor
Guardianship of a child ends automatically when the child reaches majority, is adopted, or the guardian dies, and the court can order termination in other circumstances.14Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter V – Section 2359
Modifying a permanent guardianship order — changing contact or visitation, for example — requires proof of a substantial change in circumstances and that the modification serves the child’s best interest. Rescission uses the same two-part test, with an important restriction: a parent cannot petition to rescind. And if the court does rescind, custody does not automatically revert to the parent. At any hearing that follows, the parent is considered with no greater priority than any other person, and the court applies the best-interest-of-the-child standard.14Delaware Code Online. Delaware Code Title 13 Chapter 23 Subchapter V – Section 2359 That rule catches many parents off guard.
Social Security and the Ward’s Public Benefits
Court appointment as guardian does not give you authority over a ward’s Social Security payments. The Social Security Administration requires a separately designated representative payee, and a power of attorney is not accepted as a substitute.15Social Security Administration. A Guide for Representative Payees A court-appointed guardian still has to apply through SSA.
Representative payees account for benefits annually and keep records of how funds are spent. The payee role covers Social Security payments only, not the beneficiary’s other income or medical decisions. Misuse can bring repayment obligations, fines, and imprisonment.15Social Security Administration. A Guide for Representative Payees
For a ward receiving Supplemental Security Income, the resource limit of $2,000 for an individual and $3,000 for a couple still applies, and unspent Social Security funds can count toward that limit. Watch account balances so an SSI suspension does not follow a good month of saving. For a ward in a nursing home, the representative payee should set aside at least $30 per month for personal needs.15Social Security Administration. A Guide for Representative Payees
An ABLE account is one way to hold funds without jeopardizing SSI eligibility. As of 2026, an individual whose disability began before age 46 can open an ABLE account with annual contributions up to $20,000, or up to $34,064 for employed account owners under the ABLE-to-Work provision. The first $100,000 in the account is excluded from SSI’s resource limit.16The Arc. ABLE Accounts Expanded on January 1, 2026 – New Age 46 Eligibility, Higher Limits, and How to Open One
Less Restrictive Alternatives to Consider First
Guardianship is the most powerful and most restrictive intervention Delaware law provides. Before filing, ask whether a lighter tool would work.
A durable power of attorney lets a person appoint an agent to handle financial or healthcare decisions while still capable of choosing. Unlike guardianship, a power of attorney preserves the person’s legal rights; the agent acts alongside them, not instead. The catch is timing — a power of attorney has to be signed while the person is competent. Once capacity is gone, guardianship may be the only path left.
Supported decision-making keeps the individual as the final decision-maker while providing structured help from chosen supporters who explain options and consequences. Delaware courts increasingly look at whether supported decision-making could work before granting a guardianship petition, consistent with the least-restrictive-alternative rule.
For finances alone, a representative payee at SSA or a trust managed by a third party can sometimes address the concern without going to court. Where any of these alternatives can adequately protect the person, a Delaware court is unlikely to approve a full guardianship.