Guardianship for Minor Children
How to nominate a guardian, how much weight courts give your choice, and why the money should be handled separately.
Key facts
- Americans with children under 18 comprise the largest cohort without wills or other estate-planning documents (Caring.com 2025 survey).
- State law controls guardian nominations; Delaware permits a sole surviving parent to nominate by written declaration or will.
- Guardianship of the person (who raises the child) and of the property (who manages the money) can be split.
How nomination works
In Delaware, 12 Del. C. § 3902 governs a sole surviving parent's written or testamentary nomination. If there is no valid designation, a minor age 14 or older may choose a guardian absent just cause; for a younger child, the court appoints one in its discretion. Separate Title 13 guardianship proceedings apply statutory grounds and best-interest requirements.
Always name at least one alternate and revisit the choice as your children and candidate guardians age. Delaware child guardianships appear in Title 13, Chapter 23, while testamentary nominations and property guardianships are governed by Title 12, Chapter 39.
Separate the child from the money
The person best suited to raise your children is not necessarily the person best suited to manage property. Guardianship of the person and management of property can be assigned to different people. In Delaware, a property guardianship generally ends at 18; a Delaware UTMA custodianship can terminate at 18 or 21 depending on how the transfer was created, while a trust follows its own terms and applicable law.
References
- Delaware Code, Title 12, §§ 3902–3903 — Guardian nominations and appointments
- Delaware Code, Title 13, § 2330 — Child guardianship standards
- Caring.com — Annual Wills and Estate Planning Survey (2025)
- Delaware Code, Title 12, § 3909 — Termination of property guardianship
- Delaware Code, Title 12, § 4520 — UTMA custodianship termination
This guide is educational only and is not legal, tax, or investment advice. Laws vary by state and change over time; confirm current figures with the linked primary sources or a licensed professional in your state.
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