 | Delaware Minor Child Power of Attorney Form |
The Delaware Minor Child Power of Attorney Form allows a potential Guardian to petition a current Guardian for custody and authority over a minor. This document is temporary and can be provided by either parent or guardian. The adult (that is not the biological parent) who holds the authority to make decisions for the child(ren) may be referred to as an Agent, Attorney-In-Fact, and/or Guardian. Inasmuch as this is a legal document, it must be written according to state law to be effective. This document must be notarized.
How to Write
1 – Open Form Then Indicate County
This form is available directly on this page by selecting the button labeled “Adobe PDF.” Once you have opened this file with a program that will let you edit it or have printed it out to fill in the information, select the County where this paperwork is begin executed from the check boxes below above the document title (“Petition For Gaurdianship Of A Minor”). You may choose one of three counties by marking the corresponding box:
- New Castle
- Kent
- Sussex County
2 – Define the Petitioner and Respondent
The first area will have a table requiring information in two columns: Petitioner and Respondent. The Petitioner is the individual seeking the authority of Guardianship over the minor in question, while the Respondent is the current Parent/Legal Guardian of the minor. Each party’s information must be filled into his or her respective columns in the labeled areas:
- Name
- D,O.B (Date of Birth)
- Street Address
- PO Box Number
- City, State, Zip Code
- Phone Number
- Attorney’s Name
- Will an interpreter be needed? (Check yes or no)
- If an interpreter is needed report the language spoken
If there is a “2nd Petitioner” and/or “2nd Respondent,” then locate the table with these column headings and enter the information required into the boxes designated with:
- Name
- D.O.B. (Date of Birth)
- Street Address
- PO Box Number
- City, State, Zip Code
- Phone Number
- Attorney’s Name
- Will an interpreter be needed? (Check yes or no)
- Enter the spoken language if an interpreter was necessary
2 – Defining the Guardian Ad Litem (if any)
The next page will present a table titled “Guardian Ad Litem.” This is a conditional area. That is, a Guardian Ad Litem is the individual assigned by the courts to investigate the child’s well being. If such an entity has been assigned to this minor, then report the information requested in the following fields:
- Name
- D.O.B or Date of Birth
- Street Address
- PO Box Number
- City, State, Zip Code
- Phone Number
- Attorney’s Name
- Will an interpreter be needed? (Check yes or no)
- Enter the language spoken if an interpreter was required
3 – Information Relating To Minor
Several areas where information must be presented will follow the tables identifying the Petitioner and Respondent. Each area will require some specific information:
- If this matter relates to a Federal Immigration Case, then mark the “Yes” box following the words “…federal immigration case.” If not, then mark the “No” box
- Following the paragraph beginning with the words “In the interest…,” report the Name, Date of Birth, and Child’s Place of Birth on the blank lines provided, then mark the box indicating the minor’s Gender in the appropriately labeled columns. Each child must be reported if there are more than three, continue this roster on a signed, dated, and labeled attachment
- Next following the words “Petitioner’s relationship…” check the box that best defines the nature of the relationship the Petitioner has with the minor
4 – Identify the Parents
Item 1 will present two rows to identify the Mother and the Father of the minor. This will require three pieces of information for each party:
- Name
- Address
- Date of Birth
5 – If Parents Cannot Be Found
If the identity and/or location of the Mother and Father is unknown, then, Item 2 must be addressed in the following manner:
- Use the blank lines to report what efforts were made to discover the Identity and/or Location of the minor’s Parents
- Attach an Affadavit that confirms that “a Party’s Address is Unknown”
6 – Define Who Has Parental Rights
If an organization or person who is not the Parent/Legal Guardian, then fill in the Name and Address of the entity holding Parental Rights over the minor in the table following the words “Address of person(s) or organization” in Item 3.
7 – Define the Current Guardian
The individual or organization holding Guardianship, Control, or Custody over the minor must be identified in Item 4 by supplying the following information:
- Report the Full Name of the individual or organization holding Guardianship/Custody over the minor on the first blank line in this item
- If the individual holding Guardianship has an address that differs from that of the Petitioner, report this Address in the table provided
8 – Defining The Intended Guardian
The next item requiring attention will be Item 5. This area must be fulfilled:
- Report the Name of the individual who will serve as the minor’s Guardian (with authority) as a result of this document on the first blank line
- If the Address of the intended Guardian is not the same as the Petitioner’s, then report this Address using the twos rows provided in the empty box
9 – Define the Intended Guardian
If the Petitioner of this document is not the Guardian who will hold authority over the minor, then report the relationship the intended Guardian holds with the minor on the blank line available.
10 – Minor Age And Consent
There will be three check boxes, provided in Item 7, to define the Child’s Age and Level of Consent to this document. Choose the most accurate statement by marking the appropriate check box:
- Place a mark in the first check box if the minor(s) is under the age of Fourteen
- Check the second box if the minor(s) is over the age of Fourteen and consents to this petition. If so, report the name of each minor over Fourteen who consents on the blank line and attach an Affadavit of Consent filled out by each consenting minor
- If the minor(s) is over the age of Fourteen, or older, and does not consent to this petition, then mark the third check box and report the Name of each minor who does not agree with this petition on the blank line provided.
11 – Report The Purpose of Filing This Petition
The purpose of this petition must be defined in Item 8. Check the box that best defines why the Petitioner is submitting this paperwork:
- If the minor(s) parent wish to grant authority to the intended Guardian, then mark the first box
- If the minor’s parent(s) are deceased, then mark the second box and attach their Death Certificates to this document
- In a case where this petition is being drawn up and submitted because the minor is being neglect/abused, then mark the third box and specifically report the nature of the neglect/abuse using the blank lines provided
12 – Petitioner Signatures
The Petitioners must be prepared to provide Identification and to stand before a Notary Public. Do not sign the document without Notary acknowledgement. Once the Signature Parties and Notary have been gathered this document may be finalized
- The Signature of each Petitioner must be supplied on the Petitioner signature lines. (“Petitioner” and, if applicable “2nd Petitioner”) along with the “Date” he or she signed this document.
- Below each Signature line will be an area for the attending Notary Public to notarize the signing of this document. Only the Notary may fill in this area.
- NOTICE – This request for guardianship, if filed by a non-relative as defined in 10 Del. C. § 901, is subject to an assessment conducted by the Department of Services for Children, Youth and Their Families, as required by 31 Del. C. § 351.
