Delaware Code Title 12 Sec. 3902 – Appointment of guardian; choice by minor over 14 years of age; …
(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.
Terms Used In Delaware Code Title 12 Sec. 3902
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
(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;