What is adult guardianship?
Adult guardianship is a court process in which a judge appoints someone to make decisions for an adult who can no longer make them safely. In Delaware, these matters are handled by the Court of Chancery.
When is guardianship needed?
Guardianship may be necessary when an adult is unable to manage their health or finances because of dementia, illness, or disability, and no adequate plan such as a power of attorney is already in place.
Guardian of the person or property
The court can appoint a guardian of the person, who handles care and medical decisions, a guardian of the property, who handles finances, or both. The role is tailored to what the person actually needs.
How Suzanne helps
Suzanne guides families through the petition and hearing with care and respect for the person at the center. She also helps clients put planning documents in place to avoid guardianship where possible. Call 302.661.0400 to talk.
Common questions
Can guardianship be avoided?
Often, yes. A durable power of attorney and an advance health care directive, put in place while a person still has capacity, can avoid the need for guardianship.
Who can serve as an adult's guardian?
A family member or another suitable person can serve if the court finds them appropriate. The court's focus is the protected person's best interests.