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Delaware Guardian of Minor Power of Attorney | Form 126

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The Delaware Guardian of Minor power of attorney form allows you to appoint a friend or relative to take care of your children and make decisions on their behalf. Such an entity will be able to stand in as a parent in the event that you are unable to make the decisions and take the actions required to safeguard your children. This type of form is generally used when someone anticipates debilitation from a chronic illness or some other situation where your children will need a guardian (i.e. being deployed when on active duty for the military).

There are no written laws in reference to power of attorney in Delaware for a minor child, therefore to obtain legal guardianship rights the following must follow the State Instructions of the forms to be filed with the county family court office:

Guardianship Laws – § 2320 to § 2328

How to Write

1 – Obtain All The Required Information And Paperwork

Make sure you have access to information such as the identity and location of the minor(s), guardian(s), and parent(s). This form may be downloaded from this page using the “Word” button, then either edited with a compatible word processing program, google docs, or opened then printed to be filled out.

2 – Identify The Jurisdiction

Use one of the checkboxes at the top of the page to indicate which Family Court will decide on this matter. You may choose the Family Court in New Castle, Kent, or Sussex County to name the county where this petition will be submitted.

3 – Document The Petitioner And Respondent Information

Next, there will be two columns that must be tended to. The column labeled “Petitioner” requires the information relevant to the individual seeking Guardianship of the Minor while the labeled Respondent is the individual who must respond to this. Typically, this is the current Guardian or Parent of the Minor. To begin, locate the “Name” box under “Petitioner,” then enter the Full Name of the individual seeking Guardianship.

On the second row of the first column, enter the Petitioner’s Date of Birth.

Use the third row of the first column to report the Petitioner’s Residential Street Address.

If the Petitioner has a Post Office Box, this should be reported in the fourth row of the first column

Record the City, State, and Zip Code associated with the Street Address recorded earlier in the fifth row of the first column

Below this, report the Petitioner’s Daytime Phone Number in the box labeled “Phone Number” in the first column.

Record the Full Name of the Attorney representing the Petitioner in the box labeled “Attorney Name” in the first column. If the Petitioner does not have an Attorney this may be left blank. (Note: In the majority of cases, it is strongly recommended to consult and/or obtain an attorney).

In the last row of the first column, indicate if an interpreter is needed by marking the checkbox labeled “Yes” or the checkbox labeled “No.” If an Interpreter is required, make sure to report the Language in the space provided.

The Respondent’s Information will also be required. Turn your attention to the second column, labeled “1st Respondent.” To start, locate the second row in the Respondent column, then enter the Full Name of the Respondent.

The second row in the “Respondent” column requires this party’s Date of Birth to be reported.

Enter the Respondent’s Street Address in the box labeled “Street Address” in the second column.

If the Respondent has a Post Office Box, this must be recorded in the box labeled “P.O. Box Number” in the second column.

The City, State, and Zip Code where the Respondent’s Residential Street Address is must be reported, in the second column, using “City/State/Zip Code” box in the second column.

Record the Respondent’s Daytime Phone Number in the second column using the box labeled “Phone Number.”

If the Respondent has retained an Attorney, report the Attorney’s Full Name in the second column under the words “Attorney Name.”

If the Respondent requires an interpreter, then mark the checkbox labeled “Yes” in the last row of the Respondent column and report the language in the space required. Otherwise, mark the checkbox labeled “No.”

If there is a 2nd Petitioner and/or Respondent use the next table to report his or her information.

4 – Guardian Ad Litem (Conditional)

If the Minor has a Guardian Ad Litem, this party’s information will need to be reported in the table titled “Guardian Ad Litem (if any). This section should only be filled out if a Guardian Ad Litem is involved. To begin, enter the Full Name of the Guardian Ad Litem on the first row of this table.

On the second row, enter the Guardian Ad Litem’s Date of Birth.

Document the Guardian Ad Litem’s Street Address in the third row of this table.

Record this party’s Post Office Box Number, if he or she has one.

Complete the Guardian Ad Litem’s Address by reporting the City, State, and Zip Code on the next row.

Report the Guardian Ad Litem’s Daytime Phone Number under the words “Phone Number”

If an Attorney is representing the Guardian Ad Litem, report this entity’s Full Name in the “Attorney Name”

In a case where the Guardian Ad Litem needs an interpreter, use the last row to mark the “Yes” checkbox, then report the Language that must be translated. If not, then mark the box labeled “No.”

5 – Provide Minor(s) Information In The Appropriate Areas

Locate the statement beginning with the words “Does this…,” then check the box labeled “Yes” to indicate this matter is an immigration case. If not, then mark the checkbox labeled “No.”

In order for this document to be effective, the Minor(s) involved will need to be clearly identified. This may be done using the area below the statement starting with “In the interest of the following children.” There will be enough room to report information on up to three Minor(s). Report the Full Name, Date of Birth and Place of Birth (City, State) on one child in one row. Then at the end of that row, indicate the gender of the Minor by marking the box labeled “Male” or “Female.”

The Petitioner’s relationship to the Minor(s) will need to be defined by marking the appropriate selection following the statement “Petitioner’s relationship to the children.” There will be a checkbox for “Brother or Sister, Grandparent or Great-Grandparent, Aunt or Uncle, First Cousin, Grandaunt or Granduncle, Half-Brother or Half-Sister, Non-Relative, or Other Relative. If the checkbox labeled “Other Relative,” then provide the details of this relationship on the blank line following the words “please explain.”

6 – Present The Identity And Location Of The Parent(s)

The next section will have a few items that need attention depending on the situation. Locate Item 1. Here, there will be two rows in which the Mother and Father’s Name, Address, and Date of Birth (if known).

Item 2 is conditional. If the Identity and Whereabouts of either or both Parents are currently unknown, then use the blank spaces provided in Item 2 to report what has been done to discover their Identities and/or their Addresses.

If either of the Parent’s whereabouts is unknown, an Affidavit stating as much must be attached and the checkbox labeled “Affidavit that a Party’s Address is Unknown” must be marked.

Report the Full Name of the Entity with Parental Rights over the Minor(s) named in this document on the first line in Item 3. Then use the blank table below this to enter the Address of the Entity holding Parental Rights over the Minor(s).

Report the Full Name of the entity holding Guardianship, Care, Control, or current Custody of the Minor(s) on the first blank line in Item 4, then report the Full Address of this entity.

The Name of the individual who shall assume Guardianship over the Minor(s) must be reported on the first blank line in Item 5. This must be followed by this entity’s Address in the empty table next to the statement beginning with the words “Address of person(s)…”

If the proposed Guardian is not the Petitioner, then his or her relationship to the concerned Minor(s) should be reported in Item 6. If this is not the case, then Item 6 may be left blank.

Item 7 will seek the status of the Minor and his or her attitude regarding this Petition. If the Minor is under 14 years old, then select the first choice by marking the appropriate checkbox.

If the Minor(s) is at least 14 years old and consents to this filing, then select the second checkbox and attach the Minor(s) Consent form(s). You must also use the blank line provided to report the Name of each Minor 14 years or older giving consent to this Petition

If the Minor(s) concerned is/are 14 years old or older and do not consent to this Petition, then mark the third choice and enter the Name of each Minor(s) 14 years or older who do not consent to this Petition.

Item 8 requires the reason why this Petition is being filed to be defined. If this Petition is being filed because the concerned Minor’s Parent(s) wish the Petitioner to be Guardian, then mark the first selection. Note: This selection requires the Parent(s) Affidavit of Consent be attached.

If the Minor’s Parent(s) are deceased, mark the second selection then attach a certified copy of each Death Certificate.

If this Petition is being submitted because the Minor(s) is being abused, then mark the third selection and detail the abuse on the blank lines below this statement.

Finally, each Petitioner must Sign his or her Name on the available Petitioner line then provide the Signature Date on the adjacent line.

Below this, the Clerk of Court or Notary Public witnessing this signing must provide his or her Credentials (Signature and/or Seal) and Date.


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