2023 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 39. GUARDIANSHIP
Subchapter I. Appointment, Bond and Tenure of Guardian
§ 3902. Appointment of guardian; choice by minor over 14 years of age; guardian ad litem.

Universal Citation: 12 DE Code § 3902 (2023)
§ 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 person with a disability 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appoint the person so chosen, if there is no just cause to the contrary and the preceding guardianship shall be thereby superseded.

Code 1852, §§ 1489-1491, 1959-1963;  19 Del. Laws, c. 257, § 1;  22 Del. Laws, c. 452, § 1;  Code 1915, §§ 3089, 3914, 3916;  33 Del. Laws, c. 231, § 1;  Code 1935, §§ 3579, 4422, 4422B, 4424;  48 Del. Laws, c. 222, § 1;  48 Del. Laws, c. 365, § 1;  12 Del. C. 1953, §§ 3902, 3914;  50 Del. Laws, c. 191, § 1;  51 Del. Laws, c. 179, § 1;  57 Del. Laws, c. 402, § 3;  59 Del. Laws, c. 579, §§ 1-8;  60 Del. Laws, c. 570, §§ 1-8;  63 Del. Laws, c. 89, § 1;  64 Del. Laws, c. 245, § 1;  64 Del. Laws, c. 351, § 1;  66 Del. Laws, c. 112;  69 Del. Laws, c. 109, § 2;  70 Del Laws, c. 186,, § 1;  78 Del. Laws, c. 179, § 92; 
Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.