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
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
- Community Legal Aid Society, Inc. (CLASI) Elder Law Program
- Court of Chancery: Guardianship
- Court of Chancery: Guardianship forms
- DSAAPD: Advance directives (forms, DMOST, supported decision-making)
- Find free legal aid at LawHelp.org
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.