When a Court Appoints a Guardian
12 Del. C. § 3901 — the Court of Chancery, a hearing with a lawyer for the person, and an emergency guardian for up to 30 days
The Court of Chancery appoints guardians of the person, the property, or both, for a person with a disability. On a petition, it sets a hearing with reasonable notice to the person, who is entitled to be represented by counsel when a guardian of an adult is sought.
Up to 30 days without a hearing. If the person is in danger of imminent serious physical harm or substantial economic loss, the Court may appoint an interim guardian without notice, for up to 30 days, with a hearing held within 30 days.
A guardian of the person has the rights a parent has for a child, including approving or rejecting medical treatment, within what the Court allows.
A power of attorney or a health care agent can make a guardianship unnecessary. A particular case is a question for a licensed Delaware attorney.
Sources for this section (1)
- 12 Del. C. § 3901 — Appointment of guardians for persons with disabilities
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.