Delaware parents do their best to protect their children because young people are often vulnerable to various situations. As parents age and children become older, those children may feel the need to switch roles and become the protector. This feeling often comes about because a parent’s mental abilities decline, and he or she cannot make important decisions. In such cases, a child may want to seek guardianship.

Commonly, seeking guardianship is necessary if the aging person has not appointed power of attorney agents. Because no appointment was made, a person would have to petition the court for guardianship in order to have control over important decisions. The court would have to rule the aging person incompetent and deem the proposed guardian well-suited for the position as part of the process.

When a person is appointed as the guardian, he or she will then have plenty of responsibilities. The guardian will need to handle the incapacitated person’s affairs, and he or she must do so honestly and to the benefit of the ward. The guardian has a fiduciary duty to the ward, and if the guardian breaches that duty, serious consequences could result.

Attempting to obtain guardianship and then taking on the role if appointed should not be taken lightly. This is a serious step to take, and it can sometimes be emotionally challenging, especially if the aging person does not feel that he or she needs help. In order to better address the complicated nature of taking this step, it may be wise for interested parties to obtain assistance from experienced elder law attorneys in Delaware.