Delaware Minor Child Power of Attorney Form

What Is the Delaware Minor Child Power of Attorney Form?

The Delaware minor child power of attorney form is a template that names an agent to look after your child while you are away. The agent is the person you choose. This page offers a free, fillable PDF, or you can build it online with the Create My Document button above.

Delaware Minor Child Power of Attorney Form Details

Delaware Form 126S: Petition for Standby Guardianship

In Delaware, you can use official Form 126S (Petition for Standby Guardianship). The form petitions the court to appoint a standby guardian who will step in under specified conditions, typically when the petitioner can no longer perform their duties due to incapacitation or death. Here are some points about using this document:

• Generally, the current guardian or the parent of the child or incapacitated adult can file this petition.
• The standby guardianship becomes effective upon the specific event outlined in the petition (e.g., the petitioner’s incapacitation).
• The standby guardianship can be temporary or permanent, depending on what is specified in the petition and what the court deems necessary.

This form requires personal details about the petitioner and respondent and the child’s identification. It must be signed in the presence of a notary public. You can find all the information about state-specific requirements and relevant Delaware POA forms on our site.

To correctly fill out the Delaware Petition for Standby Guardianship (Form 126S), you must provide detailed and accurate information to ensure the form is legally valid. If additional petitioners or respondents are involved, their information must be included in the same detail.

How to Fill Out the Delaware Minor Child POA Form

These steps follow the free FormsPal template you can download from this page, a three-page PDF with 44 fillable fields. Work through the parts in order, from the parent and child details to the acknowledgment on the last page. The details table above lists about 15 minutes to complete it.

The screenshots under each step show the FormsPal Delaware Delaware Minor Child Power of Attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Parent, guardian or conservator and the minor child. Enter your name and address, then put your initials on the line beside your role: parent, guardian or conservator. Enter the minor child's name, date of birth and address.

   

2. Additional parent or guardian and the agent. If a second parent, guardian or conservator signs, complete the "In addition" statement the same way. Then enter the agent's name and address in the paragraph that appoints the agent.

   

3. Powers and successor agent. Complete the lines that continue the general authority from page 1, or write the limited authority you choose in item 2. Then enter the agent's name and the alternate agent's name and address under Successor Attorney-in-Fact.

   

4. Effective date. Enter the date the power of attorney takes effect and the date it continues until.

   

5. Parental rights statement, date and signatures. Read the statement that you do not intend to relinquish parental rights. Enter the day, month and year in "Signed this", then sign and print your name on the signature lines.

   

6. Acknowledgment details. On page 3, enter the county, the date, the officer's name and title, and the name of the person who signed.

   

7. Officer's signature and seal. Leave the signature line and seal at the bottom of page 3 for the officer to complete.

   

How to Sign and Use the Delaware Minor Child Power of Attorney

After you fill in the template, go through the last checks before you sign. Take your time with each page, because the names, addresses and dates should match the IDs and the other papers you plan to use. The list below also covers signing, sharing and storing your copies.

1. Review the whole form. Double-check the entire form for accuracy and completeness. Check that each spelling matches the person's ID and that all parts of the form are completed before signing.

2. Signing and Notarization

   The petitioner must sign the petition in the presence of a notary public or court clerk.

3. Submit the form. Once everything is in order, submit the form to the appropriate Family Court in Delaware, considering the county where the child resides or the case will be processed.
4. Keep your copies. Keep a signed copy of the form and share a copy with the person you named as agent.

Frequently Asked Questions

Most questions about this template come down to preparation. Have every detail ready before you start. Complete the PDF on your computer or print it, and keep a copy of the signed pages with your other important papers.

How long does the template take to complete?

The details table on this page lists an average of 15 minutes and 44 fillable fields. Gather the names, addresses and dates of birth first, so you can finish in one sitting.

Can I type into the PDF on my computer?

Yes. You can download the free Adobe PDF from this page and type into the fillable fields, or use the FormsPal PDF editor to edit the PDF online. Print the finished pages when you are ready to sign.

What details do I need before I start?

Have these ready, so things go quickly:

• Your full name and current address
• The child's full name, date of birth and address
• The full name and address of the person you name as agent
• The name and address of a successor agent, if you want to name one
• The dates you want the power of attorney to start and end

Do I need Microsoft Word to fill it in?

No. The template is a free Adobe PDF, not a Word file. Download it from this page, open it in any PDF reader and type into the fillable fields. You can also build it online with the button above.

Should I use the PDF or the online builder?

Use the PDF if you like to type into the fields yourself and see every page as you go. Use the online builder if you would rather answer a few plain questions and let the page assemble the form for you. Both routes start from the same template.

What if I make a typing mistake?

Click into the field and retype the entry. If you already printed a page, correct the field and print that page again, so the copy you sign is clean and easy to read.

Who should get a copy of the finished form?

Keep one copy with your own papers and give one to the agent you named. A scan saved on your phone or computer also helps if a paper copy goes missing.

What is an attorney-in-fact?

The attorney-in-fact, also called the agent, is the person you name on the template to act for your child. The template uses both terms for the same role.

General information, not legal or tax advice.

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Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.