Guardianship and conservatorship in Delaware: who, where, cost

How a court can name a guardian or conservator in Delaware, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of the person, guardian of the property, or both, for a person with a disability; limited guardianship; interim guardian.

Filing fee
$125 to file a petition to appoint a guardian for a person without capacity, including all initial filing fees.
Court
Court of Chancery (New Castle, Kent or Sussex County).

What guardianship or conservatorship is

What it is called

Guardian of the person, guardian of the property, or both, for a person with a disability; limited guardianship; interim guardian

When a court may appoint one

The Court of Chancery can appoint a guardian for an adult who, because of mental or physical incapacity, cannot properly manage or care for their person or property and as a result is in danger of losing property or being victimized, or (for a guardian of the person) of substantially endangering their own health or being abused. The court can grant full or limited powers.

Law: 12 Del. C. § 3901

Kinds
  • Guardian of the person
  • Guardian of the property
  • Guardian of the person and property
  • Limited guardianship
  • Interim guardian for up to 30 days in an emergency

Law: 12 Del. C. § 3901

Who can ask, which court and your own choice

Court

Court of Chancery (New Castle, Kent or Sussex County).

Choosing your own

An agent under your durable personal power of attorney will, on the agent's request and absent cause, be appointed guardian. A health-care instruction can name the person you want as guardian.

Law: 12 Del. C. § 49A-108(a); 16 Del. C. § 2507(a)(4)

Effect on a power of attorney

Appointing a guardian ends the power of attorney to the extent the court gives the same powers to the guardian. The agent must account to the guardian for powers the agent keeps. A guardian can revoke or amend the agent's powers only as the court allows.

Law: 12 Del. C. § 49A-108

Cost, fee waiver and forms

Filing fee

$125 to file a petition to appoint a guardian for a person without capacity, including all initial filing fees.

Law: Court of Chancery Schedule of Fees and Charges, Rule 3(e), effective 6/14/24

Fee waiver

In Forma Pauperis application (Court of Chancery guardianship forms).

Forms
Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported Decision-Making

Effective 2016 (80 Del. Laws c. 427)

An adult can choose supporters to help them understand information, make and communicate their own decisions, including health-care decisions. Supporters cannot make decisions for the adult. Either side can revoke the agreement at any time in writing with notice to the others.

In writing, dated, containing the elements of the Department of Health and Social Services form, and signed by each party in the presence of 2 adult witnesses. Witnesses cannot be a supporter, a supporter's employee or agent, or someone who does not understand how the principal communicates (unless an interpreter for that communication is present). Each supporter signs a separate declaration.

Source: Official text

Less restrictive options
  • Supported decision-making agreement: Supporters help the adult make their own decisions; no court is involved.
  • Durable personal power of attorney: The adult names an agent for money and property while able to do so.
  • Advance health-care directive and default surrogate: A named health-care agent, or a family default surrogate, makes health-care decisions without a court.
Report abuse or exploitation

Adult Protective Services, Division of Services for Aging and Adults with Physical Disabilities (DHSS) · 1-888-277-4302

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: 16 Del. C. §§ 9405A, 9406A

Free help in Delaware

Report abuse or exploitation

Adult Protective Services, Division of Services for Aging and Adults with Physical Disabilities (DHSS) · 1-888-277-4302

Questions about powers of attorney in Delaware

How does guardianship or conservatorship work in Delaware?

The Court of Chancery can appoint a guardian for an adult who, because of mental or physical incapacity, cannot properly manage or care for their person or property and as a result is in danger of losing property or being victimized, or (for a guardian of the person) of substantially endangering their own health or being abused.

What does a guardianship or conservatorship cost in Delaware?

$125 to file a petition to appoint a guardian for a person without capacity, including all initial filing fees.

What are the alternatives to guardianship in Delaware?

Supported decision-making agreement; Durable personal power of attorney; Advance health-care directive and default surrogate.

More for Delaware