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Petition for Standby Guardianship - Delaware

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The document is a petition form (Form 126S) for standby guardianship of a minor in the Family Court of Delaware. It requires information about the petitioner, respondent, child(ren), and their parents, as well as details regarding the proposed guardian(s) and their qualifications. The form also addresses consent from children aged 14 or older and outlines the reasons for seeking guardianship, including parental agreement or incapacity.

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How do I get standby guardianship?

A custodial parent who has been diagnosed as having a terminal condition, as confirmed by a licensed physician, may nominate a standby guardian. A nomination of a guardian may be made: In the petition for the appointment of the guardian or at the hearing on the petition.

What is a stand alone guardianship?

Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship.

What are the different types of guardianships in Delaware?

There are three types of guardianships: Guardianship of an adult person, guardianship of an adult persons property and guardianship of the property of a minor child who is under eighteen. Please use the resources below and on the forms page to learn more about Guardianship in the Court of Chancery.

What is the difference between guardianship and standby guardianship?

Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain much of his or her authority over the child.

What are the downsides of guardianship?

The Cons to Guardianship: Loss of Freedoms: Your loved one loses the ability to make decisions for themself. Stigma of Incapability: Potential societal devaluation of your loved one. Non-Transferable: Risks if the guardian passes away. Difficult to Overturn: Once done, its a challenge to reverse.

What is stand-alone guardianship?

Standby guardianship allows parents, legal guardians, or legal custodians, with a disabling medical condition or terminal illness to create a legal document that establishes a legally secure future for their child(ren) without giving up their parental rights.

What is the difference between a guardian and a standby guardian?

So, the difference between the guardian and the standby guardian is basically that one is effective after youve passed away and the other one is effective if something happens to you, but youre still alive. Both of these are very important for making sure that your children are taken care of.

What rights does a standby guardian have?

So, what can a Standby Guardian do? As mentioned before, this is a short-term designation only effective while you are living. This person can authorize medical care, talk to the school, pick your children up from daycare or the school, and other things they wouldnt be able to do without a court order.

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