Guardianship in Delaware
State-specific overview · Estate & Probate
Delaware requires a physician's affidavit or medical evidence demonstrating incapacity as part of the guardianship petition.
How Delaware treats Guardianship
Delaware law generally requires medical or professional documentation of the proposed ward's incapacity to be filed with the guardianship petition in the Court of Chancery. The court appoints a guardian ad litem to investigate and report on the person's condition and best interests. Delaware allows for temporary guardianships in emergency situations when immediate protection is needed. The state also permits guardianship of the estate separately from guardianship of the person, giving courts flexibility in tailoring arrangements to individual needs.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.