2018 Delaware Code
Title 13 - Domestic Relations
CHAPTER 23. GUARDIANSHIP OF A CHILD
Subchapter VI Standby Guardianships
§ 2362. Definitions.
In addition to the definitions provided for in this chapter, as used in this subchapter:
(1) "Appointed standby guardian" means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or guardian.
(2) "Attending physician" means the physician who has primary responsibility for the treatment and care of the parent, custodian or guardian. Where more than 1 physician shares such responsibility, or where a physician is acting on the attending physician's behalf, any such physician may act as the attending physician. If no physician has responsibility for the care and treatment of the parent, custodian, or guardian, any physician who is familiar with the parent's, custodian's, or guardian's medical condition may act as the attending physician.
(3) "Custodian" means a nonparent who has been awarded custody of a child by order of the Family Court, but excludes the Department of Services for Children, Youth and Their Families when it or any of its divisions have been awarded custody by order of the Family Court.
(4) "Debilitation" means a person's chronic and substantial inability, as a result of a terminal illness, disease or injury, to care for a child. "Debilitated" means a person's state of chronic and substantial inability, as a result of a terminal illness, disease or injury to care for a child.
(5) "Designated standby guardian" means a person designated pursuant to this subchapter to assume temporarily the duties of guardianship of a child upon the death or a determination of incapacity or debilitation of the parent, custodian or guardian.
(6) "Designator" means a parent, custodian or guardian who makes a designation of a standby guardian.
(7) "Determination of debilitation" means a written determination made by the attending physician which contains the physician's opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent's, custodian's or guardian's debilitation.
(8) "Determination of incapacity" means a written determination made by the attending physician which contains the physician's opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent's, custodian's or guardian's incapacity.
(9) "Incapacity" means a person's chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child. "'Incapacitated" means a state of chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child.
(10) "Triggering event" means an event in the designation, petition or decree which empowers the standby guardian to assume the duties of the office, which event may be the death, incapacity, or debilitation of the parent, custodian, or guardian, whichever occurs first.
76 Del. Laws, c. 222, ยง 1.
