If your loved one needs help managing his or her financial affairs and/or making decisions about personal care, and he or she is no longer competent to execute a power of attorney and/or advance health care directive, you may wish to pursue a guardianship.

This is done by filing a petition in the Court of Chancery. The petition may be for a guardianship of the person, property, or both. The disabled person must be represented by an attorney, called the "guardian ad litem." Ordinarily the petition must be accompanied by an affidavit from the disabled person's doctor, stating the person's diagnosis and whether he or she is able to manage his or her affairs.

If you feel you need a guardian of your property, you can petition the court yourself. This is sometimes done when a disabled person has been abused and is unable to protect himself. Adult Protective Services may also petition for a guardianship on someone's behalf.

If you learn that someone has petitioned to secure a guardianship over you, and you do not wish for that to happen, you can challenge the action through an attorney and present witnesses and evidence. You can also petition to terminate a guardianship over you that you feel is no longer necessary, or file a petition requesting that the guardian be changed.

The guardian is required to act as a "fiduciary," and make all decisions in the disabled person's best interests. Because it allows a guardian to make all decisions about the disabled person's care, guardianship is a drastic measure and the Court must be sure that it is absolutely necessary.