Delaware Code Title 13 Sec. 2368 – Occurrence of event triggering appointment of standby guardian; …
(a) Upon the occurrence of a triggering event set forth in an order appointing a standby guardian, the appointed standby guardian shall be empowered to assume the standby guardian duties immediately.
Terms Used In Delaware Code Title 13 Sec. 2368
- 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
- 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
- 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
- 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
- minor child: means a person who has not reached the age of 18 years. 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
(b) If the triggering event is the incapacity or debilitation of the parent, legal custodian or guardian, the attending physician shall provide a copy of that physician’s determination to the appointed standby guardian if the guardian’s identity is known to the attending physician.
(c) Within 30 days following the assumption of guardianship duties, the appointed standby guardian shall petition the Court for confirmation. The confirmation petition shall include a determination of incapacity or debilitation, or a death certificate, as appropriate. If the petition is by an alternate appointed standby guardian, the petition shall include a statement that the appointed standby guardian is unable or unwilling to act, as the basis for the statement. Absent a judicial finding or determination of unfitness, the standby guardian’s power and authority shall commence immediately upon the occurrence of the triggering event and shall continue unimpeded until such time as the Court may hear the standby guardian’s petition for confirmation.
(d) The Court shall confirm an appointed standby guardian previously named and otherwise qualified to serve as guardian unless there is a judicial determination of unfitness with regard to the appointed standby guardian.
(e) A standby guardian may decline appointment at any time before the assumption of that standby guardian’s duties by filing a written statement to that effect with the Court, with notice to be provided to the petitioner and to the minor child if the latter is 14 years of age or older.
(f) Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, legal custodian, or guardian of the minor child unless the petition states otherwise.
(g) A parent, legal custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the Court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation.
(h) A person who is judicially appointed as a standby guardian under this subchapter may at any time renounce the appointment by:
(1) Executing a written renunciation;
(2) Filing the renunciation with the Court; and
(3) Promptly notifying in writing the parent, legal custodian, or legal guardian of the renunciation.