The Delaware Affidavit of Proposed Guardian is a document used to provide proof and assurance that the proposed guardian of a minor or incapacitated person in Delaware is fit for the role. The purpose of the affidavit is to provide the court with the necessary information and documentation to decide whether the proposed guardian is suitable and qualified to be the legal guardian of the minor or incapacitated person. The affidavit is most commonly used when a minor child or an incapacitated adult needs a legal guardian appointed to take care of them and manage their affairs. It is often used in cases of adoption, guardianship of children, and guardianship of incapacitated adults. The Delaware Affidavit of Proposed Guardian includes information about the proposed guardian, including their age, residence, occupation, and relationship to the minor or incapacitated person. It also includes a statement of the proposed guardian's financial and mental capacity, as well as a statement of the proposed guardian's willingness to accept the responsibility of guardianship. There are two types of Delaware Affidavit of Proposed Guardian: a Standard Affidavit and an Interlocutory Affidavit. The Standard Affidavit is used when the proposed guardian is not related to the minor or incapacitated person. The Interlocutory Affidavit is used when the proposed guardian is related to the minor or incapacitated person.
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FAQ
Permanent guardianship is intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond. 73 Del.
If a parent is going to move from this state with the child, that parent must tell the other parent as soon as he or she knows they are moving. If the moving parent does not tell the other parent, he or she may be considered to be interfering with the other parent's right to visitation and contact with the child.
Guardianship is the possession by a non-parent of the powers, rights, and duties which are necessary to protect, manage and care for a child. A Guardian has the legal authority to take care of the child as if he/she were the child's parent until the child turns 18 years of age.
When does the Emergency Guardianship Terminate? The emergency guardianship terminates on the earlier of the expiration of the effective period of the Court's order (72 hours/30 days), the issuance of an order appointing a general Guardian for the individual, or upon other order of the Court.
You have to go to court to get guardianship in Delaware. However, some alternatives can provide many benefits of guardianship without going to court. These include: Health Care Surrogate or Advance Health Care Directive: These documents function as a health care power of attorney.
The Definition of Permanent Guardianship The intent of Permanent Guardianship is to create a relationship between a child and a caretaker which is permanent and self-sustaining and creates a permanent family for the child without having to terminate the parental rights of the child's parents.
If you feel that your child is at risk of immediate and irreparable harm, Delaware Family Court can grant emergency custody to a parent under emergency circumstances by filing a Motion and Affidavit for Emergency Ex Parte (without notice to the other party) Order or a Motion for Interim (Temporary) Relief or a