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Adult Guardianships

Wilmington, Delaware, Lawyers for Guardianships

In the course of our work assisting families with a wide range of estate planning and other legal issues, we have gained an intimate familiarity with the processes required to establish a guardianship over an infirm or elderly adult. If you need the legal authority to make decisions for a loved one who cannot make them on his or her own, contact us for cost-effective counsel and representation.

Attorneys Familiar With the Process

We regularly appear on behalf of petitioners in guardianship matters. With our assistance, you can be secure knowing that the guardianship process will be handled appropriately. We know how to draft the necessary documents. We know how to present your case to the Court of Chancery in order to procure the most beneficial guardianship order. Even in a seemingly simple, straightforward guardianship case, a competent, experienced attorney will help you be sure that no mistakes are made that might delay or disrupt the process.

Our experience and focus on your needs enable navigation of the sometimes complex and intimidating processes with maximum efficiency and affordability. Contact us anytime with your questions and concerns about guardianship in Delaware.

Delaware Courts Grant Full and Limited Guardianships

Most family members caring for a disabled adult seek full guardianship, but they may also choose to petition for a limited guardianship. Depending on your situation, you can receive guardianship authority specific to:

  • Property decisions, such as those involving real estate, bank accounts and other financial assets
  • Health care decisions, including those about physical treatments, therapy and medications

Regardless of the type of petition you file, the Court will appoint an Attorney Ad Litem: an independent attorney appointed to represent the disabled person. The Ad Litem will meet with the disabled person and investigate the matter as much as necessary, and prepare a report for the Court as to whether or not the disabled person truly needs a guardian. The Court will rely heavily on this report.

Establishing a Guardianship Over an Unwilling Person

While some guardianship proceedings are routine and straightforward, problems can arise. Often, an elderly person will not want someone else - even a loving family member - taking over their decisions. If this elderly person is capable of speaking up against the guardianship petition, you as the petitioner may have to convince the Court of your position. The Attorney Ad Litem, representing the disabled person, does not simply "rubber stamp" the guardianship. The Ad Litem is required to look after the disabled person's best interests, and if not convinced of the need for a guardianship, the Ad Litem may argue against the Court granting your petition.

Completing the steps from petition to the grant of guardianship is intricate enough. Don't be left alone if you are forced to defend your position before the Court. You're seeking a guardianship because you care for the disabled person and want to see him or her safe and well cared for. Call Carucci Butler, LLC, today to let us protect that interest and guide you through this process.

Carucci Butler, LLC offers free initial consultations with the exception of domestic cases.