How Do I Name a Guardian for My Minor Children in Delaware?
See how a parent names a guardian for their minor children in Delaware, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In Delaware, a parent names a guardian for a minor child in a will or a separate signed writing (Del. Code tit. 12, § 3902(b)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the court appoints the guardian the parent named unless it finds that person unsuitable (Del. Code tit. 12, § 3902(b)).
Yes. Delaware recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.
Yes. Delaware allows a Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors (Del. Code tit. 13, § 708): a relative can be authorized for a limited time (up to 1 year) without transferring custody.
In Delaware, a child 14 or older may choose their guardian, subject to the court's approval (Del. Code tit. 12, § 3902(c), (e)).
Delaware uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Del. Code tit. 12, § 3902; tit. 13, § 2330)
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