Appointing a Guardian in Your Delaware Will

If you are the parent of minor child should appoint a guardian in your Delaware Will, regardless of whether you are single, married or remarried. Here are the provisions of the Delaware statute relating to guardianship and wills in Delaware:
§ 3902. Appointment of guardian; choice by minor over 14 years of age; guardian ad litem. (a) Except in accordance with § 925(15) of Title 10 and § 3904 of this title, no person shall have any right or authority as guardian of a disabled person unless the person has been duly appointed by the Court of Chancery or admitted by a court of law or equity to defend a suit as guardian ad litem. (b) The sole surviving parent of a minor child may, by written declaration or last will, name a guardian of the person or property or both of the parent’s child, who shall be appointed if there is no just cause to the contrary. Any parent may by written declaration or will name a guardian as to the property which the parent’s child may inherit from any person, who shall be appointed if there is no just cause to the contrary. (c) When there is no designation of guardian by written declaration or last will of the minor’s sole surviving parent, or there is just cause for not appointing the guardian so designated, a minor 14 years of age or over and resident in this State may choose a guardian and the Court, if there is no just cause to the contrary, shall appoint the person chosen. (d) When there is no designation of guardian by written declaration or last will of the minor’s sole surviving parent, or there is just cause for not appointing the guardian so designated, and a minor is under the age of 14 years, or is resident out of the State or neglects to choose a proper guardian, the Court may appoint a guardian according to its discretion. (e) When a guardian is appointed for a minor under 14 years of age, unless such appointment is according to a written declaration or the last will of a minor’s sole surviving parent, if the minor, after arriving at the age of 14 years, chooses another person for a guardian, the Court shall appoint the person so chosen, if there is no just cause to the contrary and the preceding guardianship shall be thereby superseded. § 3903. Separate guardian of the person and property. The Court of Chancery may appoint 2 or more persons as guardians of the disabled person, 1 or more to have the care of the person of the disabled person and the other or others to have possession and management of the property of the disabled person with all the rights and powers and subject to all the duties respecting the property of the disabled person, or the Court may appoint 1 person guardian with all the rights and powers and subject to all the duties respecting both the person and property of the disabled person. § 3909. Term of guardianship. (a) If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, unless terminated earlier by the Court upon application of the guardian, the minor or other interested party, or by the death of the minor, the guardianship of such minor shall terminate automatically when the minor attains the age of 18 years. (b) The automatic termination of the guardianship of the property of any minor shall not relieve the guardian of any duty to account. The guardian may be released by the Court of Chancery upon application of the guardian or the former minor. (c) The guardianship of the person or property, or both, of any person disabled for reasons other than minority shall continue until the death of the disabled person or until terminated by the Court of Chancery upon application of the guardian, the disabled person, or any other interested party.

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