What is a guardianship?

A guardianship is a legal arrangement set up to protect elderly individuals in Delaware who are unable to manage their own affairs due to age or disease. A guardian is appointed to act on behalf of the elderly person, making decisions with their best interests in mind. The legal guardian will make decisions about the elderly person’s medical care, living arrangements, finances, and other aspects of their life. In Delaware, guardianship can be voluntary or involuntary. When it comes to voluntary guardianship, the elderly individual must be mentally competent and file a Declaration of Voluntary Guardianship in the County Court. Involuntary guardianship occurs when a family member or other interested party petitions the court to grant legal guardianship because the elderly individual is no longer able to make decisions on their own. If the elderly individual is deemed to be unable to manage their own affairs, the court will appoint a guardian. In Delaware, all guardians are required to be approved by the court, and all guardians must uphold the elderly individual’s rights as outlined in the Delaware law. There are some legal restrictions in place concerning who can be appointed as a guardian. For example, one cannot be appointed if they have a felony conviction or are the elderly person’s creditor. Furthermore, all guardians must adhere to ethical standards to ensure that the elderly individual’s best interests are being served.

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What is a guardianship?

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