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Adult Guardianship in Delaware

Reviewed by DocDraft Legal Team - Delaware - Last updated October 9, 2026

In Delaware the Court of Chancery, not a probate court, appoints a guardian of the person, a guardian of the property, or both, for an adult the statute calls a "person with a disability" (12 Del. C. §3901(a)). Delaware does not use "conservator" for adults: the guardian of the property fills that role under 12 Del. C. §39A-101. The petition is filed with the Register in Chancery in Kent, New Castle or Sussex County and must attach a notarized physician's affidavit from a physician who saw the person within the last three months (CM1; Ct. Ch. R. 175(c)(4)). The person is entitled to representation by counsel (§3901(c)), and the court may appoint an attorney ad litem routinely upon the filing of a petition (Ct. Ch. R. 176(a)).

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What is happening with the adult you are concerned about?

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How does a court decide an adult needs a guardian in Delaware?

The Court of Chancery asks whether the person, by reason of mental or physical incapacity, cannot properly manage or care for their own person or property, and in consequence is in danger of losing property or becoming the victim of designing persons; for a guardian of the person, of substantially endangering their own health, abuse, or designing persons (12 Del. C. §3901(a)(2)).

Which court and which form start an adult guardianship in Delaware?

The Court of Chancery hears these petitions, filed with the Register in Chancery in Kent, New Castle or Sussex County. The court's CM1 instruction sheet, Procedures for filing a Petition for the Appointment of Guardian(s) of the Person and Property of a Person with an Alleged Disability, explains the filing. The court's own requirements control, so confirm with the Register.

Does Delaware require a doctor's report for an adult guardianship?

Yes. A detailed physician's affidavit, executed by a medical or osteopathic doctor authorized to practice medicine within the last three months, must be attached to the petition and notarized. The court's most recent form is used, and CM1 says the person must have been seen by the physician within the last three months.

What rights does the person have in a Delaware guardianship case?

The person is entitled to representation by counsel (12 Del. C. §3901(c)), and the court may appoint an attorney ad litem routinely upon the filing of a petition. The attorney ad litem must give the person actual notice at least 10 days before any hearing. The court may hold a hearing and may require the person to appear.

Delaware's Court of Chancery, physician's affidavit and attorney ad litem

Delaware uses its own vocabulary and its own court. The adult is a "person with a disability" and the respondent is the "Person with an Alleged Disability"; the Court of Chancery, a statewide court that is not a probate court, appoints a guardian of the person, a guardian of the property, or both (12 Del. C. §3901(a)). There is no adult "conservator": 12 Del. C. §39A-101 treats a conservator as a "guardian of the property". The court may appoint plenary (full) or limited guardianship; for interim appointments, §3901(d)(2) provides for limited powers based on the needs of the respondent. The test has two parts: the person, by reason of mental or physical incapacity, is unable properly to manage or care for their own person or property, or both, and in consequence is in danger of dissipating or losing property or of becoming the victim of designing persons; for a guardian of the person the danger includes substantially endangering their own health, abuse, or designing persons (§3901(a)(2)). The petition must attach a notarized physician's affidavit on the court's most recent form from a medical or osteopathic doctor, and the person must have been seen by the physician within the last three months. The person is entitled to representation by counsel (§3901(c)), and the court may appoint an attorney ad litem routinely upon the filing of a petition, who investigates the allegations, explains the proceedings and informs the person of their rights (Ct. Ch. R. 176). Notice of the hearing goes by registered or certified mail, return receipt requested, or by courier with real-time tracking, at least 10 days before the hearing date unless the court orders otherwise (Ct. Ch. R. 177). Unusually, guardians of the person as well as guardians of the property must file the Annual Update and Medical Statement.

Relevant Laws

Delaware Code Title 12, Chapter 39, Subchapter I (12 Del. C. §3901): Court of Chancery and persons with a disability

Gives the Court of Chancery power to appoint guardians for the person or property, or both, of any person with a disability, defines that term, entitles the person to representation by counsel, and authorizes limited and interim guardianship.

Court of Chancery Rule 175: Petition for guardianship

Governs the petition, including the notarized physician's affidavit executed within the last three months on the court's most recent form, the proposed guardian's affidavits, and disclosure of any power of attorney or advance healthcare directive.

Court of Chancery CM1 instruction sheet: physician's affidavit and filing procedures

CM1 explains how to file a petition for guardianship of a person with an alleged disability: a detailed, notarized physician's affidavit must be attached, the person must have been seen by the physician within the last three months, and the filing fee is $135.00 plus $2.00 per page scanning fee.

Court of Chancery guardianship forms and Handbook for Guardians of Adults with Disabilities

The court's forms list includes CM1 (filing procedures), CM4 (Affidavit of Proposed Guardian's History) and CM150 (Handbook), plus the Annual Update and Medical Statement.

Regional Variances

Delaware adult guardianship requirements

Court

Court of Chancery, a statewide court that is not a probate court; petitions are filed with the Register in Chancery in Kent, New Castle or Sussex County (12 Del. C. §3901(a)).

Terms used

Guardian of the person and/or guardian of the property, of a "person with a disability" (the respondent is the "Person with an Alleged Disability"); plenary or limited guardianship. A conservator is a "guardian of the property" (12 Del. C. §39A-101).

Petition form

The court posts a petition packet (petition, physician's affidavit, preliminary order, consent form, final order). CM1 (Rev. 06/2026) is the court's instruction sheet on filing procedures, not the petition itself; CM4, Affidavit of Proposed Guardian's History (Rev. 03/2026), is filed with it. Filing fee per CM1: $135.00 plus $2.00 per page scanning fee. The court's current requirements control.

Incapacity standard and proof

By reason of mental or physical incapacity, unable properly to manage or care for their own person or property, or both, and in consequence in danger of dissipating or losing property or of becoming the victim of designing persons; for a guardian of the person, in danger of substantially endangering own health, abuse, or designing persons (12 Del. C. §3901(a)(2)). An adult is not infirm for the sole reason of relying on spiritual treatment by prayer alone (§3901(j)).

Medical or evaluator report

Notarized physician's affidavit from a medical or osteopathic doctor on the court's most recent form, executed within the last three months; CM1 says the person must have been seen by the physician within the last three (3) months (Ct. Ch. R. 175(c)(4)). The attorney ad litem investigates and may be directed to file a report and recommendation (Ct. Ch. R. 176).

Notice and service

Notice of the date, time, place and purpose of the hearing to the other parties, any Delaware attorney who represented the person in the past two years, and all interested parties, by registered or certified mail, return receipt requested, or by courier with real-time tracking, at least 10 days before the hearing date unless the court orders otherwise (Ct. Ch. R. 177). The attorney ad litem gives the person actual notice at least 10 days before any hearing (Ct. Ch. R. 176(a)(2)).

Right to counsel

The person is entitled to representation by counsel (12 Del. C. §3901(c)). The court may appoint an attorney ad litem routinely upon the filing of a petition (Ct. Ch. R. 176(a)), ordinarily paid by the petitioner (Ct. Ch. R. 176(d)).

Less restrictive alternatives

Limited guardianship is available; for interim appointments, 12 Del. C. §3901(d)(2) provides for limited powers based on the needs of the respondent; the petition must list any power of attorney, advance healthcare directive or other health care proxy (Ct. Ch. R. 175(b)(4)). The court's handbook calls guardianship a last resort.

Emergency guardianship

Interim guardian of the person or property without notice and hearing, where the person is in danger of incurring imminent serious physical harm or substantial economic loss or expense, for up to 30 days, with a hearing within 30 days of the appointment (12 Del. C. §3901(d)(1)).

Bond and reports

Every guardian gives a bond with surety unless the court dispenses with bond or surety; waiver or reduction for good cause (12 Del. C. §3905). Guardian of the property: verified inventory within 30 days after appointment (§3921(b)), account at 1 year then not more often than once in 2 years (§3943). Both types of guardian file the Annual Update and Medical Statement.

Suggested Compliance Checklist

Weigh less restrictive alternatives

Before filing days after starting

Ask whether a durable power of attorney or healthcare power of attorney, signed while the person can still understand it, or a limited guardianship would meet the need. The petition must state the existence and location of any power of attorney, advance healthcare directive or other health care proxy.

Document: durable-power-of-attorney

Get the notarized physician's affidavit

Before filing; the person must have been seen within the last three months days after starting

Ask a medical or osteopathic doctor authorized to practice medicine to complete the court's most recent physician's affidavit form, notarized, based on an exam within the last three months (Ct. Ch. R. 175(c)(4); CM1).

File the petition with the Register in Chancery

At filing days after starting

File the petition with the Register in Chancery in Kent, New Castle or Sussex County following CM1, with the physician's affidavit and CM4. CM1 states a filing fee of $135.00 plus $2.00 per page scanning fee; the court's requirements control.

Give notice of the hearing

At least 10 days before the hearing date, unless the court orders otherwise days after starting

Send notice by registered or certified mail, return receipt requested, or by courier with real-time tracking, to the other parties, any Delaware attorney who represented the person in the past two years, and all interested parties (Ct. Ch. R. 177).

File bond, inventory and the Annual Update after appointment

Bond per the court's order; inventory within 30 days after appointment; Annual Update every year on the first day of the quarter of appointment days after starting

Unless the court dispenses with it, give a bond with surety. A guardian of the property files a verified inventory within 30 days after appointment and accounts at 1 year, then not more often than once in 2 years. Both guardians of the person and of the property file the Annual Update and Medical Statement.

Frequently Asked Questions

Other Delaware guides

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Dealing With Debt Collectors in Delaware (2026)

Delaware Notice to Vacate: 2026 Landlord Rules & 60-Day Rule

Expunging a Criminal Record in Delaware (2026)

Filing a Workplace Harassment Complaint in Delaware

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