Delaware § 3902 Appointment of guardian; choice by minor over 14 years of age; guardian ad litem

Delaware Statutes

§ 3902 — Appointment of guardian; choice by minor over 14 years of age; guardian ad litem

Delaware § 3902

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 39GUARDIANSHIP

Subch.Appointment, Bond and Tenure of Guardian

This text of Delaware § 3902 (Appointment of guardian; choice by minor over 14 years of age; guardian ad litem) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 3902 (2026).

Text

(a)Except in accordance with § 925(15) of Title 10 and § 3904 of this title, no person shall have any right or authority as guardian of a person with a disability unless the person has been duly appointed by the Court of Chancery or admitted by a court of law or equity to defend a suit as guardian ad litem.

(b)The sole surviving parent of a minor child may, by written declaration or last will, name a guardian of the person or property or both of the parent’s child, who shall be appointed if there is no just cause to the contrary. Any parent may by written declaration or will name a guardian as to the property which the parent’s child may inherit from any person, who shall be appointed if there is no just cause to the contrary.

(c)When there is no designation of guardian by written dec

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(a) Except in accordance with § 925(15) of Title 10 and § 3904 of this title, no person shall have any right or authority as guardian of a person with a disability unless the person has been duly appointed by the Court of Chancery or admitted by a court of law or equity to defend a suit as guardian ad litem.

(b) The sole surviving parent of a minor child may, by written declaration or last will, name a guardian of the person or property or both of the parent’s child, who shall be appointed if there is no just cause to the contrary. Any parent may by written declaration or will name a guardian as to the property which the parent’s child may inherit from any person, who shall be appointed if there is no just cause to the contrary.

(c) When there is no designation of guardian by written declaration or last will of the minor’s sole surviving parent, or there is just cause for not appointing the guardian so designated, a minor 14 years of age or over and resident in this State may choose a guardian and the Court, if there is no just cause to the contrary, shall appoint the person chosen.

(d) When there is no designation of guardian by written declaration or last will of the minor’s sole surviving parent, or there is just cause for not appointing the guardian so designated, and a minor is under the age of 14 years, or is resident out of the State or neglects to choose a proper guardian, the Court may appoint a guardian according to its discretion.

(e) When a guardian is appointed for a minor under 14 years of age, unless such appointment is according to a written declaration or the last will of a minor’s sole surviving parent, if the minor, after arriving at the age of 14 years, chooses another person for a guardian, the Court shall appoint the person so chosen, if there is no just cause to the contrary and the preceding guardianship shall be thereby superseded.

Legislative History

Code 1852, §§ 1489-1491, 1959-1963; 19 Del. Laws, c. 257, § 1 ; 22 Del. Laws, c. 452, § 1 ; Code 1915, §§ 3089, 3914, 3916; 33 Del. Laws, c. 231, § 1 ; Code 1935, §§ 3579, 4422, 4422B, 4424; 48 Del. Laws, c. 222, § 1 ; 48 Del. Laws, c. 365, § 1 ; 12 Del. C. 1953, §§ 3902, 3914; 50 Del. Laws, c. 191, § 1 ; 51 Del. Laws, c. 179, § 1 ; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 579, §§ 1-8 ; 60 Del. Laws, c. 570, §§ 1-8 ; 63 Del. Laws, c. 89, § 1 ; 64 Del. Laws, c. 245, § 1 ; 64 Del. Laws, c. 351, § 1 ; 66 Del. Laws, c. 112 ; 69 Del. Laws, c. 109, § 2 ; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 179, § 92