DE estate risk
Guardianship risk in Delaware
How courts appoint guardians for minors when no plan is in place.
Delaware courts grant guardianship of a child based on parental consent or a court finding that guardianship serves the child's best interests.
At a glance
Key takeaways
- Parental consent can support a guardianship appointment.
- If parents do not consent, the court must find dependency, neglect, or abuse and that guardianship is in the child's best interests.
- Courts rely on best-interest findings when appointing a guardian.
Questions to consider
Questions to consider in Delaware
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Delaware courts grant guardianship of a child based on parental consent or a court finding that guardianship serves the child's best interests.
- Parental consent can support a guardianship appointment.
- If parents do not consent, the court must find dependency, neglect, or abuse and that guardianship is in the child's best interests.
- Courts rely on best-interest findings when appointing a guardian.
Sources
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Delaware.
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