Delaware Guardianship Planning

Delaware guardianship runs through two courts, and which one hears the case depends on who the guardianship is for. The Court of Chancery appoints guardians for adults with disabilities and for the property of a minor, under Title 12, Chapter 39 of the Delaware Code. The Family Court appoints a guardian of the person of a child, under Title 13, Chapter 23. A family whose child inherits money and also needs someone to raise them can end up in both.

This page is a planning map rather than a filing kit. It covers what a Delaware court has to find, the documents that make a petition unnecessary, and the figures that live only in the Court of Chancery Rules because the statute sends them there. Every rule below was read on 2026-09-10 in the Delaware Code as the state publishes it, and in the Court of Chancery's own consolidated rules, fee schedule and guardian handbook. It is general information about Delaware law rather than advice about your family. A guardianship moves decisions away from an adult, so ask a licensed Delaware attorney to look at any petition, nomination or plan before you rely on it.

Two Courts, Two Titles, and a Clerk Who Is Not the Register of Wills

The Court of Chancery describes its own guardianship docket as three things: guardianship of an adult person, guardianship of an adult person's property, and guardianship of the property of a minor child who is under eighteen. Guardianship of the person of a child is missing from that list because it belongs to the Family Court under 13 Del. C. § 2303.

Three points of Delaware vocabulary are worth fixing before you read anything else.

• Delaware appoints a guardian, never a conservator. The two roles are a guardian of the person, who decides about care, health and where the adult lives, and a guardian of the property, who handles money and assets. Under 12 Del. C. § 3903 the court may appoint one person to both jobs or split them between two people. The word conservator appears in Chapter 39 only where the statute is describing an officer some other state appointed.
• The person is the respondent before appointment and the protected person afterwards. The statute's own term for them is a person with a disability, and the court's handbook notes that you may still hear court staff say ward.
• A guardianship petition goes to the Register in Chancery, not the Register of Wills. The Register in Chancery is the clerk of the Court of Chancery, and 12 Del. C. § 3905(b) makes it the office that issues the certificate of guardianship. The Register of Wills is the county probate office, and 12 Del. C. § 2501 says that in performing the functions of the office it acts only as a Clerk of the Court of Chancery. Both offices sit in each county and they do different work. Where a death has already happened, the Delaware probate guide covers the Register of Wills side.

What a Delaware Court Has to Find Before It Appoints Anyone

There is no diagnosis that qualifies a person for guardianship in Delaware. 12 Del. C. § 3901(a)(2) sets a functional test in two halves, and the court has to reach both.

1. The person is unable, by reason of mental or physical incapacity, to manage or care for their own person or property, or both; and
2. in consequence of that, the person is in danger of dissipating or losing property, of becoming the victim of designing persons or, where a guardian of the person is sought, of substantially endangering their own health or becoming subject to abuse by other persons.

The Court of Chancery's Handbook for Guardians of Adults with Disabilities puts the second half in one sentence: a disability alone does not warrant appointment of a guardian unless the disability results in the person becoming at risk of suffering harm as specified in the statute. Read that as the working rule, because it is the half families skip.

The statute also carves out one situation by name. Under § 3901(j), nobody may be treated as infirm, incapacitated or in need of a guardian for the sole reason that they rely on treatment by spiritual means through prayer alone in accordance with the tenets of a recognized church, and nothing in the section authorizes medical care over that person's implied or express objection on that ground.

A minor under 18 also counts as a person with a disability under § 3901(a)(1), which is how the Court of Chancery reaches a guardianship of a child's property without touching who raises the child.

Chapter 39 states no standard of proof and no outer deadline for a hearing. The requirement is the finding itself, made after a hearing on a verified petition backed by a physician's affidavit. One neighbouring standard is written down: where a health-care professional has found that a patient lacks capacity and someone contests it, 16 Del. C. § 2506(b) lets the Court of Chancery find a lack of capacity only on clear and convincing evidence, with an attorney ad litem appointed and the petition heard on an expedited basis.

Naming Your Own Decision Maker Before Anyone Files

Here is the fact that decides most of this page. Chapter 39 contains no priority list. Delaware never says a spouse outranks a child, or a child a sibling. Without a signed nomination the choice of guardian is the court's, made on whatever record is in front of it, and what the court screens instead is the individual: Court of Chancery Rule 175(c)(5) requires affidavits detailing the proposed guardian's history and personal information, and Rule 175(c)(3) requires an attorney who files the petition to swear that the fiduciary duties of a guardian were explained to that person.

Three signatures change the answer, in descending order of force.

A durable personal power of attorney is the strongest. Under 12 Del. C. § 49A-108(a), the agent under a personal power of attorney shall, on the agent's own request and absent cause to the contrary, be appointed the guardian or other fiduciary in a Chapter 39 proceeding. That is the only Delaware nomination the guardianship chapter treats as close to binding. The same section handles the aftermath sensibly: a court appointment terminates the power of attorney only to the extent the court hands the guardian the powers the agent already held, the agent stays accountable to the guardian as well as to you for whatever authority survives, and a guardian may revoke or amend the agent's powers only so far as the court allows. The signing rules that make one of these documents work sit in the Delaware power of attorney guide, and they are strict.

A health-care instruction can name your guardian too. 16 Del. C. § 2507(a)(4) lets an adult state a preference for a person to serve as guardian if one is ever appointed, and the optional statutory form carries a Nomination of Guardian part that says in plain words that filling it in does not mean you want or need a guardian, and that the court is not bound to appoint the person you name. The same chapter gives that appointment real weight afterwards: under 16 Del. C. § 2522(b), unless a court orders otherwise, a health-care decision made by an agent you appointed prevails over a decision of the guardian appointed for you, and § 2522(a) says a guardian may refuse to comply with your advance directive only where the appointing court expressly permits it. The execution rules are in the Delaware advance directive guide.

A parent may name a guardian for a child. Under 12 Del. C. § 3902(b) the sole surviving parent may, by written declaration or last will, name a guardian of the person or property or both, and that person shall be appointed if there is no just cause to the contrary. Any parent, not only the sole surviving one, may name a guardian for property the child inherits from anyone. A child of 14 or over who lives in Delaware gets a say under § 3902(c) and (e): where there is no valid parental designation, or just cause not to appoint the person named, the minor may choose, and a child who was given a guardian before turning 14 may choose another on reaching 14, which supersedes the earlier guardianship. Where the nomination rides in a will, the signing rules are in the Delaware will requirements guide.

The Alternatives Delaware's Own Court Says to Try First

The handbook opens with an instruction rather than a hint: taking the step to become a guardian for an adult should be a last resort and should only be considered when other alternatives have failed or are no longer appropriate. It then names them.

• A durable personal power of attorney under 12 Del. C. ch. 49A, for money and property.
• A power of attorney for health care, and an advance mental health-care directive, under 16 Del. C. ch. 25. Note the statutory disqualifications at § 2508: an owner, operator, employee or contractor of a long-term care facility where the person lives or receives care cannot serve as agent unless they are family, a cohabitant or a cohabitant's descendant.
• The default surrogate, which is the reason many families never go to court for medical decisions at all. Where an adult lacks capacity and has no agent and no guardian authorized to decide, 16 Del. C. § 2512(b) supplies a decision maker automatically, in nine classes: an adult the person identified outside a power of attorney, then a spouse or domestic partner, then an adult child or parent, then a cohabitant, then an adult sibling, then an adult grandchild or grandparent, then an adult who has routinely assisted with supported decision making in the preceding six months, then an adult stepchild the person actively parented, then an adult who has shown special care and concern and knows the person's values. A decision by a default surrogate is effective without judicial approval.
• A supported decision-making agreement under 16 Del. C. ch. 94A, which gets its own paragraph below.
• A representative payee or a VA fiduciary, where the only money involved is a Social Security, SSI or Department of Veterans Affairs benefit. The paying agency appoints one and no court is involved.
• A custodial account under Delaware's Uniform Transfers to Minors Act, 12 Del. C. ch. 45, where the money belongs to a child.
• A petition to determine capacity, added by rule in 2025, where the real dispute is whether the person has capacity rather than who should decide for them. Court of Chancery Rule 175-A carries the procedure and 16 Del. C. § 2506 the standard. It settles the question without appointing anyone.

Delaware also runs an Office of the Public Guardian, which serves as guardian of last resort under 12 Del. C. § 3981 and, under § 3983(6)a., may offer advice and guidance without any court appointment for the purpose of encouraging self-reliance and avoiding the need for a guardian at all.

Supported decision making, which keeps every legal right

Delaware's Supported Decision-Making Act lets an adult name one or more supporters to help them gather information, understand options and communicate a decision, while the adult keeps full legal authority. 16 Del. C. § 9407A says a decision or request made or communicated with a supporter's help is recognised in law as the adult's own. A supporter assists and never substitutes: § 9406A(c) forbids exerting undue influence or making decisions on the adult's behalf.

Two protections make this more than an informal arrangement. Under § 9404A all adults are presumed capable of managing their affairs unless the Court of Chancery determines otherwise, the way an adult communicates is not grounds for deciding they cannot manage their affairs, and signing one of these agreements may not be used as evidence of incapacity. Under § 9409A a supporter may help the adult obtain any information the adult is entitled to, including protected health information under HIPAA and educational records under FERPA, with a signed and dated specific consent.

The formalities are light and they are mandatory. Section 9405A requires the agreement to name at least one supporter, state the kinds of decisions the supporter may and may not help with, be dated, be in a writing containing the elements of the form the Department of Health and Social Services develops, and be signed by each party in front of two adult witnesses who are not a supporter or a supporter's employee or agent. Each supporter signs a separate declaration. Either side may revoke in writing at any time.

How a Delaware Adult Guardianship Runs

Where nothing was signed and an adult can no longer decide, someone files in the Court of Chancery. The handbook puts an uncontested appointment at about 30 days.

1. Get the physician's affidavit first. Rule 175(c)(4) requires an affidavit on the court's most recent form, executed by a medical or osteopathic doctor authorized to practice medicine within the last three months. The handbook states the currency requirement as an examination window: the doctor must have personally examined the respondent in the last three months unless the court approves otherwise, and the affidavit must be notarized. Families usually arrange it just before filing for that reason.
2. File a verified petition. Rule 175(a) and (b) require verification under penalty of perjury and a long list of contents: the petitioner's relationship or interest, the adult's name, age, marital status, domicile and current residence, any institution and the circumstances of admission, who pays their expenses, any armed-forces service, any Delaware attorney who represented them in the past two years, every interested party, every power of attorney or advance directive and where it is kept, every will or trust and where it is kept, the assets and their probable value, estimated income, obligations and liabilities.
3. Attach the exhibits. A form of preliminary order, a form of final order, the physician's affidavit, the proposed guardian's affidavits, and affidavits describing efforts to locate an interested party whose address is missing. The form of final order has to carry specific paragraphs, among them that a court order is needed to open a safe deposit box or to sell or encumber a vehicle or real property, that the guardian must pay expenses directly from the guardianship account rather than withdrawing the whole monthly allotment, and that the guardian must tell the court of the protected person's death within 10 days.
4. The court appoints an attorney ad litem. Rule 176(a) lets it act on a motion, on its own motion, or routinely on the filing of a petition. That attorney must pursue the person's best interests, investigate the allegations, explain the proceeding, inform them of their rights, and give them actual notice of any hearing at least 10 days in advance. Where the attorney's view of best interests differs from what the person wants, Rule 176(a)(3) requires the attorney to tell the court, and the court may appoint a second attorney to argue the person's own wishes.
5. Give notice. Rule 177 requires notice to the other parties, to any Delaware attorney who represented the person in the past two years, and to all interested parties, at least 10 days before the hearing, by registered or certified mail with return receipt requested or by a courier with real-time delivery tracking. The court may withhold notice from a particular interested party where notice would harm the person the case is about.
6. The hearing, or no hearing. Rule 177(a)(2) lets the court grant the relief without a further showing where nobody at the hearing objects, and Rule 177(a)(3) lets it forgo the hearing entirely where all interested parties consent, the petitioner has counsel, and the court decides a hearing is unnecessary. In every case 12 Del. C. § 3901(c) entitles an adult whose person or property is the subject of the petition to representation by counsel.
7. Sign the bond. Under 12 Del. C. § 3905(a) every appointed guardian becomes bound, with surety, in a penal sum the court fixes, unless the court dispenses with bond or surety, and no certificate of guardianship issues until the bond is filed. Rule 175(c)(2)(E) gives seven days from entry of the order and holds back every copy of the final order until it is filed. The handbook describes the amount as generally equivalent to the value of the assets plus one year of income, and says surety is typically not required where the bond is set for less than $1 million, which for most families means no premium at all.
8. Collect the certified copy. The final order is what proves the guardian's authority, and without it a hospital or a bank may refuse to deal with the guardian. From the date of the decree appointing a guardian of the property, § 3901(h) puts the protected person under a disability to contract about the property in the guardianship.
9. File the inventory within 30 days. 12 Del. C. § 3921(b) requires a guardian of the property to file a verified inventory within 30 days of appointment, listing the fair market value of everything the guardian knows of after diligent inquiry, plus a supplemental inventory within 30 days of finding or acquiring anything else.
10. File the annual update and medical statement. Rule 180-B(b), as amended May 21, 2026 and effective June 1, 2026, requires every guardian of the person or of the property to file a status report with the Register in Chancery each year, no later than the first business day of the quarter in which the guardian was appointed. It gives the current mailing address of both the protected person and the guardian and carries a current medical statement from an approved practitioner addressing whether the guardianship is still needed.
11. Account for the money. 12 Del. C. § 3941(a) requires a guardian of the property to fully account, while a guardian of the person has no duty to account unless the court orders one. Section 3943 sets the first account at the end of one year from appointment and afterwards as the court requires, but not more often than once in two years unless there is a special occasion.
12. Come back for anything outside the standing powers. Selling real estate, borrowing for the person's benefit, prepaying burial expenses, or spending principal for anything other than support, care, protection, welfare, clothing and rehabilitation all need a separate verified petition under Rule 178. What the guardian of the property may already do without asking is a long list in § 3923(d), from collecting and investing assets to insuring the estate, paying taxes, making ordinary repairs to a dwelling, settling claims, and exercising a fiduciary's powers over digital assets.

Once the procedural template is switched on for this state, the Delaware guardianship process will walk the petition, the hearing and the guardian's powers in more depth.

The Emergency Route and Its 30-Day Clock

Some situations will not wait for the roughly 30 days an uncontested appointment takes. Under 12 Del. C. § 3901(d)(1), where the court finds on the filing of a petition that the person is in danger of incurring imminent serious physical harm or substantial economic loss or expense, it may appoint an interim guardian of the person or property without notice and without a hearing, for up to 30 days, and a hearing must then be held within those 30 days.

Three things ride with it. The request is made inside the ordinary petition, so Rule 175(b)(7) requires specific allegations demonstrating the danger rather than a general one. Section 3901(d)(2) requires the order to enumerate the interim guardian's powers expressly, granting either all of subchapter II of Chapter 39 or limited powers built around the need. And where no Chancellor or Vice Chancellor is available, § 3901(i) lets any judge of the Superior Court exercise the power.

Delaware has enacted the uniform interstate act at 12 Del. C. ch. 39A, which matters when the adult is here but lives elsewhere. Under § 39A-202(a)(1) a court that lacks ordinary jurisdiction still has special jurisdiction to appoint an emergency guardian for a term not exceeding 30 days for a respondent physically present in Delaware. Subsection (b) is the limit: where Delaware was not the respondent's home state on the date the petition was filed, the court must dismiss at the home state's request, whether that request comes before or after the emergency appointment.

Guardianship for a Child

A guardianship of the person of a child is a Family Court case. The court describes it as the possession by a non-parent of the powers, rights and duties needed to protect, manage and care for a child, and says a guardianship order includes a custody order, so the guardian has a parent's practical authority until the child turns 18.

• Who may petition. Under 13 Del. C. § 2320 any adult who is not the child's own parent may file, and so may DSCYF, the Division of Family Services, a licensed agency, the child's attorney, the guardian ad litem or a hospital with an interest in the child's welfare, so long as the proposed guardian consents. Where the proposed guardian is not a relative as § 2324A defines it, DSCYF or a licensed agency must assess the placement, and the court keeps jurisdiction to grant emergency relief whether or not that assessment is finished.
• What the court must find. Section 2330(a) requires, for each parent still holding parental rights, either voluntary consent or, after a hearing on the merits and by a preponderance of the evidence, that the child is dependent, neglected or abused and that guardianship is in the child's best interests. Even on consent the court must be told the reason for establishing the guardianship, and § 2330(f) puts the grounds and the reason in the order.
• A child of 14 has a voice. Section 2322(8) requires the petition to attach an affidavit that a child of 14 or older consents, or just cause why the guardian should be appointed anyway, and § 2330(e) has the court decide that question at the hearing.
• Parental rights are not terminated. Under § 2331 the parent keeps visitation, contact and information to the extent the order allows and may petition to enforce those provisions, keeps the right of inheritance by and from the child, and stays the one chiefly responsible for supporting the child financially.
• No bond, and a 45-day clock. Section 2340(e) says no bond shall be required from any guardian appointed under the chapter, and § 2326 requires a decision and order within 45 days after the proceedings conclude, or within 45 days of the petition and social report being filed where no hearing is needed. That is the only hard outer deadline anywhere in Delaware guardianship law, since Chapter 39 sets none for adults.
• Moving the child needs permission. This one surprises new guardians. Section 2340(c)(1)a. says a proposed relocation of 60 days or more that moves the child outside Delaware, or that materially affects a parent's existing visitation, requires either leave of court or the consent of the child's parents.
• Privacy and appeal. Hearings are held privately under § 2327 unless the court finds sufficient reason to open them, and § 2328 allows an appeal to the Delaware Supreme Court within 30 days after entry of the order.

Two heavier versions exist. Permanent guardianship under § 2353 is Delaware's route to a settled family for a child who cannot be adopted, and every element takes clear and convincing evidence, including that a ground for terminating parental rights is met or the parent consents, that adoption is not possible or appropriate, and that the proposed permanent guardian has had the child placed with them for at least six months immediately before the petition. Standby guardianship under § 2367 is the tool for a parent, custodian or guardian facing a progressive chronic condition or terminal illness: the court appoints now, once the attending physician certifies what § 2367(c) calls a significant risk that the designator will die, become incapacitated or become debilitated within two years of the filing, and the authority switches on at a triggering event named in the order. Section 2368 lets the standby guardian act immediately when it happens, requires a confirmation petition within 30 days, and lets the designator revoke the arrangement in writing at any time beforehand.

The $25,000 Line for a Child's Money

12 Del. C. § 3901(b) does something unusual: it sends the monetary thresholds in subsections (k) and (l) out to court rule, so reading the statute alone returns a threshold with no number in it. Court of Chancery Rule 180(a) is where the number is written, and it is $25,000.

Two cautions about that figure. The court can still appoint below the line, under Rule 180(b)(2) where a guardian is needed to obtain, secure, sell or transfer the property, and under § 3901(l)(2) for good cause to protect the estate and maximize public benefits. And a tort settlement is a different lane: § 3901(k) puts a single-transaction settlement for a person with a disability in the Superior Court or the Court of Common Pleas, on a threshold those courts set by rule, which is not the Chancery rule quoted here. Ask the court hearing the settlement what its own figure is.

Below the line, the ordinary answer is a custodial account under 12 Del. C. ch. 45. Settle the payout age before choosing one: under § 4520 the custodian hands the property over at 21 where it was transferred by gift, by exercise of a power of appointment, or under a will or trust that authorized the transfer, and at 18 where it came from a fiduciary without that authority or from an obligor.

What a Delaware Guardianship Costs

The Court of Chancery publishes its own schedule, and unlike a probate filing the figures do not vary by county.

The filing figures carry a revision string, and it belongs beside them: the schedule's footer reads Effective June 14, 2024. Three notes on the rest of the table.

The $125 is the Chancery fee, and this is one of the few places that schedule is on point for a family matter. A probate filing runs through the county Register of Wills, whose fees each county sets separately under 12 Del. C. § 2510, so do not read one across to the other.

Guardian compensation is capped and it needs permission. Rule 132A(a) allows $250 for a six-month accounting period and $500 for a one-year period, charged against guardianship income so far as it is collectible, and a guardian may petition for more only where the services were unusual and extraordinary. An individual guardian may not pay themselves without the court's approval first. The rule does not reach a fee-for-service guardian, the Office of the Public Guardian, or a guardianship of a minor's property, and for a corporate fiduciary 12 Del. C. § 3927(c) requires a schedule filed with the Register in Chancery in every county that may not produce a fee greater than the one that institution files as trustee for a trust of comparable size.

One figure is deliberately missing. The Family Court charges a filing fee for each guardianship petition and its Guardianship Instruction Packet says so, but prints no amount, and the judiciary's Fees and Filings index publishes schedules for the Supreme, Chancery, Superior, Common Pleas and Justice of the Peace courts and none for the Family Court. No figure is stated here rather than guessed. The packet does name three routes to a waiver, on Forms 680, 681 and 257P.

Rights the Protected Person Keeps

The adult keeps everything the order does not take. The handbook says so directly, and names the right to vote as an example of a right the protected person retains. It also describes the court placing limits on a guardian's power case by case, in consultation with the attorney ad litem, the petitioner and the respondent, including leaving the adult a set sum each month over which the guardian has no authority.

Delaware spreads that protection across several statutes rather than collecting it in one bill of rights.

• Counsel. 12 Del. C. § 3901(c) entitles an adult whose person or property is sought to be placed under guardianship to representation by counsel, in all cases.
• A limited guardianship rather than a full one. Section 3901(d)(2)b. lets the court grant limited powers based on need, and where it does the order may name the limits on the guardian's authority, the areas of decision-making the adult keeps, and the specific, limited purpose of the guardianship.
• Your own health-care agent still outranks the guardian. 16 Del. C. § 2522(b), unless a court orders otherwise.
• Limits on the guardian of the person. Under 12 Del. C. § 3922(b)(1) a guardian may not waive the adult's rights about involuntary commitment to a facility for the treatment of mental illness, and § 3922(b)(3) forbids withholding consent to care on account of personal beliefs, requiring the guardian instead to act as they objectively believe to be in the adult's best interest.
• The presumption of capability. 16 Del. C. § 9404A, which no supported decision-making agreement may be used to rebut.
• The right to ask the court to end it. Court of Chancery Rule 180-C(a) lets the protected person petition personally.

A state office watches the docket as well. The Guardianship Monitoring Program, which operates under the Office of the Public Guardian, may run routine audits of active guardianship cases without a further court order under Rule 180-D, and reviews or investigates any case the court refers to it.

Ending or Narrowing a Guardianship

Court of Chancery Rule 180-C gives three routes out, and the second is the one worth knowing about.

Capacity returns. Where the court finds a guardian is no longer necessary because the person recovered capacity, Rule 180-C(b)(1) has it terminate the guardianship, restore the person and the property, provide for the costs incurred, and require a full accounting from the former guardian.

Something else now does the job. Rule 180-C(b)(2) lets the court close the matter administratively and without prejudice where guardianship is no longer necessary because other measures are available and are in the person's best interest. What it takes is an affidavit naming the means of substitute decision making to be used and the consent of the person who will use it. That is the rule that makes a late power of attorney or a supported decision-making agreement worth signing even after a guardianship exists.

The minor turns 18. Under 12 Del. C. § 3909(a) a guardianship whose only allegation of disability was minority terminates automatically at 18, and § 3909(b) keeps the duty to account alive afterwards.

Whichever route, Rule 180-C(d) requires a final accounting within 30 days of removal, resignation or termination unless the court orders otherwise. For a guardianship that needs to move states, 12 Del. C. § 39A-301 supplies the transfer procedure, and § 3904 lets a guardian appointed elsewhere act here after filing a certificate of appointment with the Register in Chancery in any Delaware county.

What Changed in 2025 and 2026

Anything citing pre-2025 Chancery guardianship procedure is describing superseded rules.

• September 23, 2025, effective September 30, 2025. The Delaware Supreme Court restructured Rule 175 and amended Rules 176, 177, 178, 178B, 180-A and 180-C in one order. The same order added Rule 175-A, a petition to determine capacity, and Rule 175-B, a petition to enjoin or require healthcare decision-making by an agent.
• May 21, 2026, effective June 1, 2026. Rule 180-B was amended. The quarter-based due date for the annual status report, the requirement that it give both current mailing addresses, and the requirement that it carry a current medical statement addressing whether the guardianship is still needed all sit in that amended text.
• March 2026. The court reissued its Handbook for Guardians of Adults with Disabilities at Rev. 03/2026, Form CM150.
• September 30, 2025. Delaware's health-care decisions law was replaced in its entirety by 84 Del. Laws, c. 467, which is why the surrogate ladder, the agent disqualifications and the optional form described above are barely a year old. The Delaware advance directive guide covers that replacement.

Planning Ahead Compared With a Court Case

Two practical points sit beside the documents rather than inside them. A nomination nobody can find does not operate, and Rule 175(b)(4) makes the petition state where every power of attorney and advance directive is kept, so the location matters as much as the signing. And these choices turn on marriage, health, distance and who is still willing to serve, so a nomination written a decade ago may name someone who has moved or died. Keep it current, and fit it into the rest of a Delaware estate plan rather than treating it as a single form.

Frequently Asked Questions

Which Delaware court handles a guardianship?

It depends on who the guardianship is for. The Court of Chancery appoints guardians for adults and for the property of a minor under 12 Del. C. ch. 39, and its own site describes three kinds of case: guardianship of an adult person, guardianship of an adult person's property, and guardianship of the property of a minor child under eighteen. The Family Court appoints a guardian of the person of a child under 13 Del. C. ch. 23, and 13 Del. C. § 2303 lets that petition be filed in the county where a parent lives, where the organization with care or custody sits, or where the child is. The clerk who receives a Chancery guardianship filing is the Register in Chancery, which is a different office from the county Register of Wills that handles probate.

What does a Delaware court have to find before appointing a guardian for an adult?

A functional test in two halves, not a diagnosis. Under 12 Del. C. § 3901(a)(2) the person must be unable, by reason of mental or physical incapacity, to manage or care for their own person or property, and in consequence be in danger of dissipating or losing property, of becoming the victim of designing persons, or, where a guardian of the person is sought, of substantially endangering their own health or becoming subject to abuse. The Court of Chancery handbook states the second half plainly: a disability alone does not warrant appointment of a guardian unless it results in the person becoming at risk of the harm the statute names. Section 3901(j) adds that nobody may be treated as incapacitated for the sole reason that they rely on treatment by spiritual means through prayer.

Can I choose my own guardian in Delaware before I need one?

Yes, and the strongest version is a durable personal power of attorney. Under 12 Del. C. § 49A-108(a) the agent under that document shall, on the agent's own request and absent cause to the contrary, be appointed the guardian in a Chapter 39 proceeding. That matters because Chapter 39 sets no priority list at all for who serves as an adult's guardian, so without a signed nomination the choice is the court's. A health-care instruction under 16 Del. C. § 2507(a)(4) may also name a person to serve as guardian, and the state's optional directive form carries a Nomination of Guardian part, with its own warning that filling it in does not mean you want or need a guardian and that the court is not bound to appoint your choice.

How long does an emergency guardianship last in Delaware?

Thirty days. Under 12 Del. C. § 3901(d)(1), where the Court of Chancery finds on the filing of a petition that the person is in danger of incurring imminent serious physical harm or substantial economic loss or expense, it may appoint an interim guardian without notice and without a hearing for up to 30 days, and a hearing must be held within those 30 days. The order has to enumerate the interim guardian's powers, granting either everything in subchapter II of Chapter 39 or a limited set built around the need. Where no Chancellor or Vice Chancellor is available, § 3901(i) lets a Superior Court judge make the appointment.

What does it cost to file a Delaware guardianship petition?

$125 in the Court of Chancery. The judiciary's Schedule of Fees and Charges under Court of Chancery Rule 3(e), marked Effective June 14, 2024, prints $125 to appoint a guardian for a person without capacity and says the figure is inclusive of all initial filing fees. Later petitions in the same case are $35 for approval to expend funds, to start or raise a monthly allotment or to reinvest, and $50 to remove a guardian, appoint a successor, sell real estate, accept a foreign guardianship or transfer one. An attorney ad litem's award is capped by Rule 176(d) at $750 in an uncontested case, $1,000 where the court orders the attorney to address an objection, and $3,500 in a contested case. Delaware publishes no Family Court fee schedule, so the fee for a guardianship of a child is charged per petition but is not stated as a figure anywhere official.

Does a Delaware child need a guardian of their property to inherit money?

Only above $25,000. Court of Chancery Rule 180(a) says no petition to appoint a guardian of a minor's property is required where the child will receive property or funds of $25,000 or less, inclusive of costs and attorney fees. Above that line Rule 180(b) requires a limited guardian, whose job is to place the net funds in a court-approved annuity or structured instrument that cannot pay out before majority, with proof due within 60 days of the appointment order. Below the line the usual answer is a custodial account under Delaware's Uniform Transfers to Minors Act, and 12 Del. C. § 4520 decides the payout age: 21 for property transferred by gift or under a will or trust, 18 for property transferred by a fiduciary without that authority or by an obligor.

Related Guides

• Delaware Power of Attorney
• Delaware Advance Directive
• Delaware Estate Planning Basics
• Delaware Will Requirements
• Delaware Probate Guide

Sources:

• Title: 12 Del. C. § 3901, Appointment of guardians for persons with disabilities. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 84 Del. Laws, c. 201, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc01/index.html#3901
• Title: 12 Del. C. § 3902, Appointment of guardian; choice by minor over 14 years of age; guardian ad litem. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 78 Del. Laws, c. 179, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc01/index.html#3902
• Title: 12 Del. C. § 3905, Guardian's bond; requirement; form and entry. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 78 Del. Laws, c. 179, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc01/index.html#3905
• Title: 12 Del. C. § 3909, Term of guardianship. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 82 Del. Laws, c. 90, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc01/index.html#3909
• Title: 12 Del. C. § 3921, Powers and duties of guardian; general. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 78 Del. Laws, c. 179, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc02/index.html#3921
• Title: 12 Del. C. § 3922, General powers and duties of the guardian of the person. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 79 Del. Laws, c. 371, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc02/index.html#3922
• Title: 12 Del. C. § 3923, Powers of the guardian of the property. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 79 Del. Laws, c. 416, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc02/index.html#3923
• Title: 12 Del. C. § 3927, Compensation of guardian of the property. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 78 Del. Laws, c. 179, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc02/index.html#3927
• Title: 12 Del. C. § 3943, Time of filing guardian's accounts. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 69 Del. Laws, c. 109, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc03/index.html#3943
• Title: 12 Del. C. § 3981, Office established; appointment. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 85 Del. Laws, c. 137, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039/sc06/index.html#3981
• Title: 12 Del. C. § 39A-202, Special jurisdiction. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 78 Del. Laws, c. 179, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c039a/index.html#39A-202
• Title: 12 Del. C. § 49A-108, Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 77 Del. Laws, c. 467, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c049a/sc01/index.html#49A-108
• Title: 12 Del. C. § 4520, Termination of custodianship. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 70 Del. Laws, c. 393, accessed 2026-09-10. URL: https://delcode.delaware.gov/title12/c045/index.html#4520
• Title: 16 Del. C. § 2507, Health-care instruction. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 84 Del. Laws, c. 467, accessed 2026-09-10. URL: https://delcode.delaware.gov/title16/c025/index.html#2507
• Title: 16 Del. C. § 2512, Default surrogate. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 79 Del. Laws, c. 28, accessed 2026-09-10. URL: https://delcode.delaware.gov/title16/c025/index.html#2512
• Title: 16 Del. C. § 2522, Decision by guardian. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 84 Del. Laws, c. 467, accessed 2026-09-10. URL: https://delcode.delaware.gov/title16/c025/index.html#2522
• Title: 16 Del. C. § 9405A, Supported decision-making agreements. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 80 Del. Laws, c. 427, accessed 2026-09-10. URL: https://delcode.delaware.gov/title16/c094a/index.html#9405A
• Title: 16 Del. C. § 9409A, Access to information. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 80 Del. Laws, c. 427, accessed 2026-09-10. URL: https://delcode.delaware.gov/title16/c094a/index.html#9409A
• Title: 13 Del. C. § 2330, Grounds for guardianship of the child. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 84 Del. Laws, c. 128, accessed 2026-09-10. URL: https://delcode.delaware.gov/title13/c023/sc03/index.html#2330
• Title: 13 Del. C. § 2340, Powers and duties of the guardian of the child. Publisher: State of Delaware, Delaware Code Online. Publication Date: Amendment chain ends 84 Del. Laws, c. 128, accessed 2026-09-10. URL: https://delcode.delaware.gov/title13/c023/sc04/index.html#2340
• Title: Court of Chancery Rules, consolidated, including Rules 3(e), 132A, 175, 175-A, 176, 177, 178, 180, 180-B, 180-C and 180-D. Publisher: Delaware Court of Chancery. Publication Date: Rules 175 through 180-C amended Sept. 23, 2025 effective Sept. 30, 2025, Rule 180-B amended May 21, 2026 effective June 1, 2026, accessed 2026-09-10. URL: https://courts.delaware.gov/forms/download.aspx?id=160908
• Title: Schedule of Fees and Charges Pursuant to Court of Chancery Rule 3(e). Publisher: Delaware Court of Chancery. Publication Date: Effective June 14, 2024, accessed 2026-09-10. URL: https://courts.delaware.gov/forms/download.aspx?id=246658
• Title: Handbook for Guardians of Adults with Disabilities, Form CM150. Publisher: Delaware Court of Chancery. Publication Date: Rev. 03/2026, accessed 2026-09-10. URL: https://courts.delaware.gov/forms/download.aspx?id=85008
• Title: Guardianship, the Court of Chancery overview of the three types of guardianship and its approved fee-for-service guardians. Publisher: Delaware Court of Chancery. Publication Date: Not listed, accessed 2026-09-10. URL: https://courts.delaware.gov/chancery/guardianship/index.aspx
• Title: Guardianship Overview and Definition of Guardianship. Publisher: Delaware Family Court. Publication Date: Not listed, accessed 2026-09-10. URL: https://courts.delaware.gov/family/guardianship/
• Title: Guardianship Instruction Packet, Form 1024-IP. Publisher: Delaware Family Court. Publication Date: Rev. 10/2025 v1.02, accessed 2026-09-10. URL: https://courts.delaware.gov/forms/download.aspx?id=28458
• Title: Fees and Filings, the Delaware judiciary index of published court fee schedules. Publisher: Delaware Courts. Publication Date: Not listed, accessed 2026-09-10. URL: https://courts.delaware.gov/help/fees/

This page explains Delaware guardianship law and the documents that can make a court case unnecessary. It is not legal advice.