To provide quality, comprehensive, protective guardianship services to adult citizens of Delaware who are severely mentally or physically disabled, are unable to manage their personal and financial affairs, are at risk for neglect, abuse and victimization and have no one else able or willing to serve as a guardian.

Advocate for the agency, its mission and its service to individuals through education and networking with the public and other professional communities. Maintain the certification as registered guardians of key staff in whom decision-making is vested.


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The Office of the Public Guardian is charged by statue with the task of acting as an informational resource for the public, and is available to answer questions regarding decision-making in Delaware. To assist in this mission the links and information below is provided by the Public Guardian, creating an accessible point for current important information regarding the conduct of our duties as professional and private guardians. 


Types of Guardianship

 There are two types of guardianship: of the person, and of the property. A guardian of the person is given the authority to make personal decisions for the ward, like where he will live, and under what conditions, etc. A guardian of the property manages the finances of the ward.

Orientation and training requirements do not apply to public guardians (local Department of Social Services or Area Agency on Aging staff) or guardianships that terminate parental rights.

Prospective guardians must watch a video Orientation Program before they are appointed the guardian of a minor or disabled person. The program covers the roles, duties, and responsibilities of a guardian and what to expect if appointed.

Some courts offer the training as a class you can attend. You can also complete the training programs online. Others will allow you to complete the training program online. Ask the court that appointed you as guardian how you can meet the training requirement.

Guardian Partners has already monitored a number of guardianships in Jackson County and is preparing to monitor its first two cases from Clatsop County. We are seeking local volunteer case monitors in both regions. Contact Monitoring Program Manager Jeni Bennett to get involved: jeni@guardian-partners.org.

A guardianship is when an adult, who is not a child's parent, is legally responsible for the child's care because the child's parent is unable to care for them. It may also mean someone manages the child's money or property if the child has a lot.

The court orders that an adult (a guardian) other than a child's parent has the right to make legal decisions in a child's life and has responsibility for the child's care. For example, the guardian makes decisions about the child's medical care and where the child goes to school. The guardian must also provide the child with housing, food, clothing, and is responsible for the child's safety and protection.

The court orders someone to manage the child's finances. Guardianships of the estate are needed if a child has a lot of money, income, or property. For example, if the child inherited a lot of money from a parent who passed away. A guardianship of the estate is not needed if the child receives social security benefits or TANF/CalWORKs.

Another difference is that when the court appoints a guardian, the court stays involved and supervises the relationship until it ends, either when the child turns 18 years old or when the court orders it ended. In an adoption, all the birth parents' rights are taken away permanently. The court does not stay involved once an adoption is final. The legal relationship between the child and the adopting parents is permanent and exactly the same as a birth family even after the child has turned 18 years old.


But note that after a child has lived with a guardian for a few years, the law makes it easier for the guardian to adopt the child than it would be for a stranger to adopt them.

In these cases, the child may need a guardian.

There may be other legal options, like having the parents sign something so another adult can enroll them in school or get them medical care. The best legal option depends on many personal factors, like if there are safety concerns for the child and whether the parent agrees.

Pay a fee It costs $225 to start a guardianship of the person case. A guardianship of the estate costs $450 to start. Check with the court for the exact amount. If the child who may need a guardian can't afford the fee, you can apply for a fee waiver. Fee waivers for filing a guardianship case are based on the child's income.

Once you file your papers, the clerk will set a date for you to go to court. You must have someone deliver a copy of the papers and the date, time, and place of the court hearing to the child's parents and other family members. You can ask for the parent's consent to you being guardian, as well as the consent of the other relatives. But even if they consent, they can still change their minds, come to the hearing, and object.

Before starting a guardianship case, find out more about what you would be expected to do if you are the child's legal guardian. You may have other legal options. If you decide you want to be a child's guardian, get step-by-step instructions on how to ask a judge to become a guardian.

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a "ward."

Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become incapacitated, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount allowed by statute.

Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment.

Accordingly, Florida law provides for limited as well as plenary adult guardianship. A limited guardianship is appropriate if the court finds the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property; and if the individual does not have pre-planned, written instructions for all aspects of his or her life. A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. Wards in plenary guardianships are, by definition, unable to care for themselves.

Whether one is dealing with a minor whose assets must be managed by another or an adult with a disability who is not capable of making decisions for him/herself, when the court removes an individual's rights to order his or her own affairs there is an accompanying duty to protect the individual. One of the court's duties is to appoint a guardian. All adult and minor guardianships are subject to court oversight.

The legal authority for guardianship in Florida is found in Chapter 744, Florida Statutes. The court rules that control the relationships among the court, the ward, the guardian, and the attorney are found in Probate Rules, Florida Rules of Court. Together, these statutes and rules describe the duties and obligations of guardians and attorneys, as well as the court, to ensure that they act in the best interests of the ward, minor, or person who is alleged incapacitated.

Licensed Maine attorneys and certain types of licensed mental health professionals may apply to be on the guardian ad litem (GAL) roster. The roster is used by the District Court and the Probate Court to appoint GALs in certain kinds of family and probate cases.


Having a guardian can mean the difference between life and death for a crucial number of incapacitated people. By making informed decisions that the person is unable to make, a guardian can prevent abuse and other physical harm, obtain needed care services, help the person stay in the most independent care setting possible, etc.

In most states, including Oregon, there must be no one else willing or able to serve as the guardian or conservator for a public guardian to be appointed by the court. A private Guardian or Conservator can be an agency, organization or practitioner that provides services to three or more protected people. It can also be a friend or family member who has been appointed by a court to serve in this capacity.

Many guardians are relatives of the protected person. Some professional guardians and conservators are in private practice, some work for non-profit agencies, and some are publicly funded. Most professional guardians have backgrounds as attorneys, nurses or social workers, and either hold a license in one of these areas or are certified through the National Guardianship Foundation (NGF)/Center for Guardianship Certification.

The Guardianship/Conservatorship Association of Oregon (GCS) is affiliated with the NGF, and is comprised of a statewide collective of guardians and conservators working on standardizing Guardianship/Conservatorship practice in Oregon.

(1) To make and file within three months after the guardian's appointment a full inventory of the real and personal property of the ward, its value, and the value of the yearly rent of the real property, provided that, if the guardian fails to file the inventory for thirty days after having been notified of the expiration of the time by the probate judge, the judge shall remove the guardian and appoint a successor;

(3) To pay all just debts due from the ward out of the estate in the possession or under the control of the guardian, collect all debts due to the ward, compound doubtful debts, and appear for and defend, or cause to be defended, all suits against the ward; e24fc04721

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