Delaware Minor Guardianship Power of Attorney (Form 126)

The Delaware Petition for Guardianship of a Minor (Form 126) is a document that allows a party (called the Petitioner) to initiate a guardianship request regarding a minor child. While there may be several reasons why the Petitioner wishes to obtain guardianship, all must relate to the child’s best interests. Once they have completed the form, they must file it with the Delaware Family Court. The parents/caregivers of the child (called the Respondents) must then accept the arrangement in order for it to be put into effect. If the Respondents do not accept the arrangement, the case will need to be heard before the Court.


Additional Considerations

If the guardianship case needs to be heard before the Delaware Family Court, the Petitioner/s should keep in mind that the Court is not obligated to accept their request. To quote the Court, “Remember that just because you fill out the forms correctly does not necessarily mean that the Court will give you (grant) what you want. It is up to you at the court hearing to prove why the Court should give you what you want.”

State Laws & Signing Requirements

State Laws – Durable Personal Powers of Attorney Act

Signing Requirements – State laws do not mention Minor Child Power of Attorney arrangements. As such, parents and guardians should refer to the “Answer to Permanent Guardianship Instruction Packet” for more information. This is a resource produced by the State of Delaware’s Family Court that contains important information regarding these arrangements.