Guardianship of a Child or Adult in Delaware

Any adult may petition the Family Court for guardianship of a child who is not his or her own; the state child-welfare agency, a licensed agency, the child's attorney or guardian ad litem, or a hospital may also petition if the proposed guardian consents. When a parent still has parental rights, the court must find for each parent either that the parent voluntarily consents (and the reason for the guardianship), or, after a hearing, by a preponderance of the evidence, that the child is dependent, neglected or abused and that guardianship is in the child's best interest. A child 14 or older is asked whether he or she consents. The court also decides what contact the parent will have with the child.

The Court of Chancery appoints guardians of the person, property or both for an adult who, because of mental or physical incapacity, cannot properly manage or care for his or her person or property and as a result is in danger of losing property, being exploited or abused, or substantially endangering his or her own health. The court holds a hearing after notice, and the adult is entitled to a lawyer. The court may grant full powers or limited powers that list the areas of decision-making the adult keeps. An interim guardian may be appointed for up to 30 days without a hearing in an emergency.