A petition for standby guardianship shall contain all of the information required by § 2322 of this title, as well as the following information:

(1) Name and address of the custodian or guardian of the child, if not otherwise provided for in the petition;

(2) In addition to the name and address of the proposed standby guardian;

(3) Which triggering event or events shall cause the authority of the appointed standby guardian to become effective;

(4) That there is a significant risk that the parent, custodian or guardian will die, become incapacitated or become debilitated within 2 years of the filing of the petition, supported by documentation from the attending physician; and

(5) If applicable, the name, address, of the proposed alternate standby guardian.

76 Del. Laws, c. 222, § ?1;

Terms Used In Delaware Code Title 13 Sec. 2366

  • Appointed standby guardian: means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or guardian. See Delaware Code Title 13 Sec. 2362
  • Attending physician: means the physician who has primary responsibility for the treatment and care of the parent, custodian or guardian. See Delaware Code Title 13 Sec. 2362
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Custodian: means a nonparent who has been awarded custody of a child by order of the Family Court, but excludes the Department of Services for Children, Youth and Their Families when it or any of its divisions have been awarded custody by order of the Family Court. See Delaware Code Title 13 Sec. 2362
  • Debilitated: means a person's state of chronic and substantial inability, as a result of a terminal illness, disease or injury to care for a child. See Delaware Code Title 13 Sec. 2362
  • 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.
  • Triggering event: means an event in the designation, petition or decree which empowers the standby guardian to assume the duties of the office, which event may be the death, incapacity, or debilitation of the parent, custodian, or guardian, whichever occurs first. See Delaware Code Title 13 Sec. 2362
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