Adult guardianship often begins during a difficult season. A loved one can no longer manage financial, legal, medical, or placement decisions independently, and the family must find a way to step in with legal authority.
In Delaware, that authority comes through the Court of Chancery. Adult guardianships are granted and overseen by the Court, and the process is designed to balance protection with personal liberty. Guardianship can be a necessary and powerful tool, but it is also a significant legal intervention. For that reason, the Court generally grants only the authority that is needed and continues to supervise the guardian’s actions after appointment.
For families, this can be both reassuring and overwhelming. The Court’s oversight helps protect the person who needs assistance, but it also means that guardians may need to return to Court when circumstances change.
At DiPietro Law, we help families understand not only how to establish guardianship, but also how to navigate the ongoing responsibilities that follow.
What Is Adult Guardianship in Delaware?
Adult guardianship may be necessary when an adult lacks capacity to make certain decisions and did not previously complete legal documents that would allow someone else to assist them.
This is one reason incapacity planning is so important. A durable power of attorney can allow a trusted person to manage legal and financial matters. An advance health care directive can authorize someone to make medical decisions. When those documents are not in place, are incomplete, or do not provide enough authority for the situation, guardianship may be the only available path.
Delaware guardianship is bifurcated, meaning the Court can appoint a guardian for different areas of need. A guardian may be appointed to manage property and financial affairs, or a guardian may be appointed to make decisions regarding the person, such as medical care and placement. The same individual may be appointed in both capacities.
Even when a guardianship is appropriate, the Court does not view it casually. Guardianship affects a person’s independence and decision-making rights. The Court therefore looks carefully at whether guardianship is necessary, who should serve, and what limits should apply.
How the Guardianship Process Begins
A Delaware guardianship case begins with a petition filed with the Court of Chancery. The petition typically includes information about the person who needs assistance, medical support for the request, notice to interested family members, and other required documentation.
The Court also appoints an attorney ad litem. The attorney ad litem conducts an independent investigation and reports back to the Court regarding whether guardianship appears necessary and whether the proposed guardian is appropriate.
In some cases, the Court may schedule a hearing. If guardianship is granted, the guardian must follow the authority set out in the Court’s order. Depending on the circumstances, the guardian may need to post bond, establish a guardianship bank account, file inventories and accountings, and provide required updates to the Court.
For many families, the appointment itself feels like the finish line. In reality, it is the beginning of a supervised legal role.
The Guardian’s Role Does Not Stay Frozen in Time
A guardianship order is based on the facts that exist when the Court grants it. But life continues to change.
A loved one’s cost of care may increase. A move to assisted living or skilled nursing may become necessary. A home may need to be sold. Long term care Medicaid planning may become urgent. The person under guardianship may pass away, creating the need to formally end the guardianship.
When these changes occur, the guardian cannot always act independently. The guardian may need to return to the Court for additional authority.
This is where many well-intentioned guardians become overwhelmed. They are trying to care for someone they love, manage practical decisions, communicate with financial institutions and care providers, and comply with Court requirements at the same time.
The right legal guidance can help the guardian understand what requires Court approval, what documentation should be gathered, and how to move forward properly.
Increasing a Monthly Allotment
Guardianship orders often authorize the guardian to spend a certain amount each month from the person’s funds for that person’s benefit. This makes sense at the time the order is entered. The Court wants to allow the guardian to pay for necessary expenses while maintaining oversight.
But expenses rarely remain the same.
The cost of care may increase. A new medication, therapy, caregiver schedule, facility fee, or personal need may change the monthly budget. Inflation alone can make an older spending limit unrealistic.
When the person under guardianship needs more support than the current order allows, the guardian may need to file a petition requesting an increased monthly allotment. This usually requires supporting documentation that explains why the increase is necessary and how the funds will be used.
For professional referral partners, this is an important issue to recognize. A guardian may have legal authority, but that authority may not be broad enough to meet a changing financial need. If a care manager, facility, accountant, or financial advisor sees that the guardian cannot meet monthly obligations under the current order, it may be time for additional Court involvement.
Selling Real Estate
Real estate often becomes one of the most significant assets in a guardianship.
A loved one may no longer be able to live safely at home. The home may be too expensive to maintain. The person may be moving to a long term care setting. The property may need to be sold to fund care, simplify finances, or prevent waste.
However, a guardian generally cannot simply decide to sell real estate without proper authority. In many cases, the guardian must petition the Court for approval of a contract of sale.
If the Court approves the sale, the guardian must follow the Court’s order through settlement. After the sale, the guardian may also need to file documentation with the Court and account for the proceeds in future accountings.
This is one of the moments when guardianship intersects with many other professionals. Realtors, settlement agents, financial advisors, accountants, and care providers may all be involved. Coordination matters. A missed step can delay settlement, create confusion, or cause problems with the guardian’s reporting obligations.
Medicaid Planning and Long Term Care
Guardianship and long term care planning frequently overlap.
A person under guardianship may need care in a skilled nursing facility or another long term care setting. The cost of that care can be financially devastating. Families may then need to explore long term care Medicaid benefits and asset protection planning.
This can be complicated in a guardianship. Strategies used to qualify an individual for long term care Medicaid may require authority beyond a standard guardianship order. A guardian may need to petition the Court for permission to use assets in a way that supports Medicaid eligibility and long term care planning.
This is not a simple administrative step. Medicaid planning involves strict financial rules, timing considerations, documentation, and careful implementation. When the person needing benefits is under guardianship, the guardian must also consider the Court’s authority and expectations.
For families, this can feel like two difficult systems at once: the guardianship system and the Medicaid eligibility system. For professional referral partners, this is a key opportunity to identify when legal coordination is needed early. Waiting too long can reduce options, increase stress, and make planning harder.
Terminating Guardianship After Death
Many people assume that guardianship automatically ends when the person under guardianship passes away. Practically, the guardian’s caregiving role may end, but legally there is still work to do.
In Delaware, the guardian has a responsibility to file to terminate the guardianship. The Court must be notified, and the guardian may need to complete final reporting or accounting requirements.
This step is easy to overlook during grief. Families may be focused on funeral arrangements, estate administration, probate, or trust matters. But closing the guardianship properly is part of the guardian’s legal duty.
This is also an example of how guardianship can connect to estate administration. After death, the guardian’s role and the executor’s or trustee’s role are not the same. A person serving in one capacity should understand when one role ends and another begins, and what filings are required for each.
Why Court Oversight Is Important
Court oversight can feel burdensome, especially for family members who are already under emotional strain. But it exists for an important reason.
Guardianship is designed to protect vulnerable adults. The Court’s ongoing supervision helps ensure that decisions are made in the person’s best interest, funds are used appropriately, and the guardian remains accountable.
At the same time, the process can be unfamiliar and intimidating. Most guardians are not professional fiduciaries. They are spouses, adult children, siblings, or trusted relatives trying to do the right thing.
They may be compassionate and responsible, but still unsure how to comply with the Court’s requirements. They may not know when they need permission before acting. They may worry that a mistake will cause harm or expose them to liability.
That is where experienced legal counsel can make a meaningful difference.
Planning Ahead Can Reduce the Need for Guardianship
While guardianship is sometimes necessary, it is rarely the first choice.
A thoughtful incapacity plan can often reduce the need for Court involvement. Durable powers of attorney, advance health care directives, revocable trusts, and properly aligned assets can allow trusted decision makers to act without seeking guardianship.
This is why we encourage families to plan before a crisis. The goal is not only to decide who receives assets after death. A strong estate plan should also answer an equally important question: Who can help me if I am living, but unable to manage decisions for myself?
Still, not every family has the chance to plan ahead. Sometimes documents were never completed. Sometimes they were completed long ago but no longer work well. Sometimes the documents do not grant enough authority for the situation at hand.
When guardianship is necessary, families should know they are not alone.
How DiPietro Law Helps
At DiPietro Law, we assist families with Delaware adult guardianships and with the additional Court petitions that may arise after a guardian has been appointed.
We help guardians understand their responsibilities, prepare necessary filings, gather supporting documentation, and navigate the Court process with greater confidence. We also help families think through related issues, including long term care planning, Medicaid eligibility, asset protection, real estate sales, and estate administration after death.
Our work is both practical and personal. Guardianship often begins at a stressful moment, when someone’s health, safety, finances, and independence are all at stake. Families need clear guidance, but they also need compassion and perspective.
We believe both matter.
A Final Word for Families and Referral Partners
Adult guardianship is not just a legal proceeding. It is a framework for protecting someone who can no longer fully protect themselves.
For families, that responsibility can feel heavy. For professional referral partners, recognizing when a guardian may need additional Court authority can help prevent delays, confusion, and unintended consequences.
Whether the issue is increasing a monthly spending limit, selling real estate, implementing long term care Medicaid planning, or terminating guardianship after death, the guardian’s next step may require Court approval.
The best time to ask for guidance is before action is taken.
If you are serving as guardian for a loved one, or if you are helping a family navigate care decisions for someone under guardianship, DiPietro Law can help you understand the process and move forward with confidence.
Meaghan Mahoney Hudson( Attorney )
Originally from Albany, New York, Meaghan has called Delaware home for nearly two decades. She earned her undergraduate degree from Le Moyne College in Syracuse, New York, and her Juris Doctor from Roger Williams University School of Law in Bristol, Rhode Island.
A close relationship with her maternal grandmother shaped her deep appreciation for family and intergenerational connections, which is reflected in her commitment to this area of the law. Outside of her practice, she enjoys spending time with her two daughters, as well as reading, traveling, and exploring new food experiences.
Read Meaghan’s full bio here.
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