Terms Used In Delaware Code > Title 13 > Chapter 23 > Subchapter VI - Standby Guardianships

• 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
• Debilitation: means a person's 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
• Dependent: A person dependent for support upon another.
• Determination of incapacity: means a written determination made by the attending physician which contains the physician's opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent's, custodian's or guardian's incapacity. See Delaware Code Title 13 Sec. 2362
• Division: shall mean the Division of Substance Abuse and Mental Health. See Delaware Code Title 14 Sec. 3802
• Entity: shall mean any committee, agency or group approved by the Division; any law-enforcement committee, agency or group approved by the Department of Safety and Homeland Security; or any committee, agency or group composed of public school teachers and/or administrators. See Delaware Code Title 14 Sec. 3802
• 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.
• Incapacity: means a person's chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child. See Delaware Code Title 13 Sec. 2362
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• 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