§ 2361. Legislative intent, findings and purpose. The General Assembly hereby declares that there is a need to create an expeditious manner of establishing a guardianship known as standby guardianship, in order to enable a parent, custodian, or guardian suffering from a progressive chronic condition or a terminal illness to make plans for the permanent […]
§ 2362. Definitions. In addition to the definitions provided for in this chapter, as used in this subchapter: (1) “Appointed standby guardian” means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or […]
§ 2363. Jurisdiction and venue. (a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate standby guardianship. (b) A petition for standby guardianship under this chapter may be filed in the Family Court of any of the following counties: (1) The county in which 1 natural parent resides; […]
§ 2364. Hearing procedure and notice requirements. The procedure and notice requirements set forth in § 2325 of this title shall apply. However, upon motion and good cause shown, the parent, custodian or guardian who has become incapacitated or debilitated need not personally appear for such noticed hearings. 76 Del. Laws, c. 222, § 1;
§ 2365. Persons eligible to petition for guardianship. Any parent, custodian or guardian may petition the Family Court for a standby guardianship order regarding a child for whom they have been given legal responsibility. 76 Del. Laws, c. 222, § 1;
§ 2366. Contents of standby guardianship petition. A petition for standby guardianship shall contain all of the information required by § 2322 of this title, as well as the following information: (1) Name and address of the custodian or guardian of the child, if not otherwise provided for in the petition; (2) In addition to […]
§ 2367. Grounds for standby guardianship. (a) Where the parent is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interests; and: (1) The child would be dependent, neglected or abused in […]
§ 2368. Occurrence of event triggering appointment of standby guardian; confirmation petition. (a) Upon the occurrence of a triggering event set forth in an order appointing a standby guardian, the appointed standby guardian shall be empowered to assume the standby guardian duties immediately. (b) If the triggering event is the incapacity or debilitation of the […]
§ 2369. Powers and duties of the standby guardian of the child. Except as modified by order of the Court, the standby guardian shall have the same powers and duties as enumerated in § 2340 of this title. 76 Del. Laws, c. 222, § 1;
§ 2370. Termination or modification. Except as modified by order of the Court, standby guardianship shall be terminated or modified as enumerated under § 2332 of this title. 76 Del. Laws, c. 222, § 1;
§ 2371. Appointment of standby guardian as permanent guardian. Except as modified by order of the Court, should the standby guardian wish to be appointed as the permanent guardian of the child, permanent guardianship shall be determined under §§ 2350-2359 of this title. 76 Del. Laws, c. 222, § 1;
§ 2372. Subsidies. Except as modified by order of the Court, DSCYF shall have the power and authority to award subsidy money to the standby guardian as determined under § 2333 of this title. 76 Del. Laws, c. 222, § 1; 79 Del. Laws, c. 246, § 1;
