The Delaware Minor Child Power of Attorney, or “Petition for Standby Guardianship of a Minor – Form 126S”, is the Family Court of the State of Delaware’s official document for conveying certain guardian rights to another party. These rights are designed to kick in upon the time of the current legal parent’s/guardian’s incapacity or inability to care for the child involved. This instrument requires the personal details of the petitioner (the individual who will receive the parental powers) and respondent (the legal parent or guardian), the identification of the minor child, and the signature(s) of the petitioning party.
Laws
Statutes – Title 13, Chapter 23, Subchapter VI: Standby Guardianships (§ 2361 – § 2372)
Definition – “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 guardian (§ 2362(1)).
Signing Requirements – The petitioner(s) must sign in the presence of a notary public or clerk of court. (If possible, it is highly encouraged to carry out the Affidavit of Consent of a Child’s Parent, Form 265, to verify their approval of the standby guardianship.)
Revocation – § 2368(g)
Other Versions
eForms Version
Download: Adobe PDF, MS Word (.docx)
Additional Resources
- Family Court of the State of Delaware – Guardianship Forms
- Family Court of the State of Delaware – A Guide to Standby Guardianship
- Family Court of the State of Delaware – Standby Guardianship Instruction Packet (1027-IP)
Related Forms (7)
- Custody Separate Statement (Form 346) (required)
- Durable (Financial) Power of Attorney
- Information Sheet (Form 240) (required)
- Relative Caregivers’ Medical Authorization Affidavit
- Relative Caregivers’ School Authorization Affidavit
- Revocation of Power of Attorney
- Standby Guardianship Affidavit of Consent of a Child’s Parent (Form 265)
Custody Separate Statement (Form 346)
Download: Adobe PDF, MS Word (.docx)
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)
Download: Adobe PDF, MS Word (.docx)
Relative Caregivers’ Medical Authorization Affidavit (also available in Spanish/en Español)
Download: Adobe PDF
Relative Caregivers’ School Authorization Affidavit (also available in Spanish/en Español)
Download: Adobe PDF
Revocation of Power of Attorney
Download: Adobe PDF, MS Word (.docx)
Standby Guardianship Affidavit of Consent of a Child’s Parent (Form 265)
Download: Adobe PDF, MS Word (.docx)