State guide
Delaware
Delaware adult guardianship petitions are filed in the Court of Chancery, which handles guardianship of an adult person, an adult person's property, and some related matters. Delaware also has an official Supported Decision-Making Act and court-published materials emphasizing guardianship as a last resort.
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- Court that handles adult guardianship
- Adult guardianship petitions are handled by the Delaware Court of Chancery.
- What it's called
- guardian of the person and guardian of the property
- Official forms and self-help
- Official page →
- Filing fee
- $125
- Less-restrictive alternatives
- Delaware has a Supported Decision-Making Act, and official court resources also list advance health care directives, durable power of attorney, and surrogate decision making as alternatives or planning tools.
- Law
- 12 Del. C. ch. 39
Official resources in Delaware
Official overview of adult guardianship in the Court of Chancery, with links to forms, fee-for-service guardian information, and resources.
Official forms and petition packets for adult guardianship filings in the Court of Chancery.
Official Delaware courts fee page linking to the Court of Chancery schedule of fees and charges.
Official court resource page listing alternatives to guardianship, including supported decision making, advance directives, and durable power of attorney.
Official statutory text for Delaware's Supported Decision-Making Act.
Key facts for Delaware
- The Court of Chancery says a guardian is appointed to make medical and/or financial decisions for a person with a disability.
- Delaware uses guardian of the person and guardian of the property in adult disability cases.
- The Court of Chancery fee schedule lists $125 to appoint a guardian for a person without capacity, inclusive of all initial filing fees.
- A court petition packet states a guardianship petition should only be filed as a last resort.
- The Office of the Public Guardian resource page lists supported decision making, advance health care directives, durable power of attorney, and surrogate decision making as alternatives or planning tools.
- Delaware's Supported Decision-Making Act is codified in Title 16, Chapter 94A.
County court guardianship pages in Delaware
| Court | city | phone | Details |
|---|---|---|---|
| Court of Chancery - New Castle County New Castle | Wilmington | Not published* | Court of Chancery location for New Castle County; official location page lists address, hours, parking, and phone number. |
| Court of Chancery - Kent County Kent | Dover | Not published* | Court of Chancery location for Kent County; official location page lists address, hours, parking, and phone number. |
| Court of Chancery - Sussex County Sussex | Georgetown | Not published* | Court of Chancery location for Sussex County; official location page lists address, hours, parking, and phone number. |
| Office of the Public Guardian Kent | Dover | Not published* | State office that says it acts as an informational resource for the public and provides guardianship services when appointed by the Court of Chancery. |
| Office of the Public Guardian — Alexandra S. McFassel, Esq., National Certified Guardian Kent | Dover | Not published* | Staff contact page for the Public Guardian office at the Kent County Courthouse. |
* Not published: the official page doesn't list it. Call the office to confirm before you rely on it.
What to do next
- Start with the Court of Chancery guardianship forms page and use the adult petition packet that matches whether you seek authority over the person, property, or both.
- Review the Office of the Public Guardian alternatives page before filing, because official Delaware materials point to less restrictive options.
- If filing in person, use the county Chancery location page for Wilmington, Dover, or Georgetown to confirm the correct office and phone number.
Not seeing your court or county?
Not every court publishes its rules online. Try these, in order:
- General Start with the statewide information above.
- Closest verified Nearest places where we have verified local data outside this state (distance from Delaware's population center, for comparison only):
- Philadelphia Orphans' Court, Pennsylvania · about 56 miles
- Philadelphia Register of Wills, Pennsylvania · about 56 miles
- Philadelphia Manual for Guardians of Incapacitated Persons, Pennsylvania · about 56 miles
- Call to confirm Ask the official office.Delaware Court of Chancery — Guardianship
Website →Phone not shown: use the contact page on the official website above.Your city or county office: Local governments →Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the Delaware page on USA.gov can point you to the right office. - Know the current info? Tell us with a link to the official page.