Delaware Minor Guardianship Power of Attorney (Form 126)
A Delaware Petition for Guardianship of a Minor (Form 126) is a legal document that gives a parent or guardian the authority to make decisions on behalf of a minor child. The form typically allows the parent or guardian to make decisions regarding the minor child’s education, medical care, finances, and other matters.
The form is required to be legally recognized by the Delaware Family Court. The parents/caregivers of the child (called the Respondents) must then accept the arrangement for it to be put into effect. If the Respondents do not accept the arrangement, the case must be heard before the Court.
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.