Guardianships in Delaware
When an adult without estate planning documents is, becomes, or is suspected of being incapacitated, the Court of Chancery may grant authority for decision-making to another, known as a guardian.
Adult guardianships have two potential aspects: guardianship of the person, and guardianship of the property (also known as conservatorship).
At the office of Suzanne I. Seubert, each client is provided detailed and comprehensive representation in guardianship matters involving an adult or a child. Suzanne has extensive experience handling guardianship matters and can take the time to explain your options as you move forward with the case.
The guardian of a person need not always be the same individual who is guardian of the property. Suzanne represents individuals seeking to be guardian of another person or their property, as well as individuals who are contesting the claim that a guardian is needed. She is also appointed as attorney ad litem to represent the persons subject to a guardianship petition in the Court of Chancery, and as attorney guardian ad litem in Family Court proceedings.
The need for guardianships may arise when:
- Your loved one becomes incapacitated.
- You wish to obtain decision-making authority for a dependent (adult or minor).
- You suspect financial or physical abuse of an incapacitated or disabled adult, or a minor.
Suzanne is a dedicated advocate for her clients in guardianship cases. She understands that these matters may be emotionally-charged and involve family members who may be taking action within the family. Her focus is on her clients and seeing the guardianship action is completed in the best interests of the person who is central to the case.
Contact a member of the staff at the office of Suzanne I. Seubert to schedule an appointment to discuss your questions or concerns about guardianship matters. A reduced-rate consultation is available. If you have legal issues in Delaware but live out of state, a phone consultation can be arranged.
The Court of Chancery also hears petitions for guardianship of the property of minor children. New rules became effective in September, 2014 which complicate the process for deciding how to file, but which simplify the administration of smaller amounts of property held in the name of a child. Some common ways that children may be owed property include when they are left an inheritance or life insurance proceeds, or when they have received a tort settlement.
Guardianship of the person of minor children is handled in Family Court. Suzanne also helps clients become guardians by filing petitions for guardianship of minor children in Family Court. A brief description is available under Family Law – Guardianships of Minor Children.
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