Delaware Minor Child Power of Attorney Form

A Delaware minor child power of attorney is a legal document that allows a parent or guardian to grant another person the authority to make decisions regarding the care and welfare of their minor child in their absence. This POA template is useful if the parent will be away for an extended period.

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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.

Delaware Minor Child Power of Attorney Form Details

Document Name Delaware Minor Child Power of Attorney Form
Other Name Delaware Temporary Guardianship Form
Relevant Laws Delaware Code, Title 13, Sections 2320-2328
Duration Not Specified
Avg. Time to Fill Out 15 minutes
# of Fillable Fields 80
Available Formats Adobe PDF

Filling Out Delaware Minor Child POA Form

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. Here’s a detailed guide on how to complete the form.

1. Identifying Information

Enter the full names, dates of birth, street addresses, and contact details of the petitioner and respondent. If additional petitioners or respondents are involved, their information must be included in the same detail.

2. Child Informationn

For each child under the petition, provide their full name, date of birth, and place of birth. It’s crucial to specify each child’s gender by checking the appropriate box provided on the form.

3. Parental Information

List the names, addresses, and birthdates of the children’s parents. If the location of a parent is unknown, explain the steps taken to try and locate them.

4. Current Custody

Indicate who currently holds the parental rights, custody, or guardianship. Include addresses if they are different from those of the petitioner.

5. Standby Guardian Details

Name the person or persons to whom standby guardianship will be transferred if the petition is granted. Provide their addresses and specify their relationship to the children if they are not the petitioners.

6. Child Consent

If any children involved are 14 or older, state whether they consent to the guardianship arrangement. Attach an Affidavit of Consent for each child who agrees.

7. Reasons for Guardianship

Check all reasons applicable for the guardianship request, such as the agreement of the parents, parental death, or the child’s dependency or neglect. Attach any necessary documents like death certificates or consents.

8. Guardian’s Qualifications

Describe the proposed guardian’s qualifications and their suitability for this role. Include details about their relationship to the child and any pertinent experience or qualifications supporting their capability to serve as guardians.

9. Signing and Notarization

The petitioner must sign the petition in the presence of a notary public or court clerk. Ensure all parts of the form are completed and the information is accurate before signing.

After completing these steps, double-check the entire form for accuracy and completeness. 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.

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Published: Jul 4, 2024