(a) Where the parent is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interests; and:
(1) The child would be dependent, neglected or abused in the care of the other parent; or
(2) The other parent of the child is deceased; or
(3) The other parent’s parental rights have been terminated; or
(4) The other parent consents to the appointment of a standby guardian.
(b) Where the legal custodian or guardian is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interests; and as to each parent:
(1) That the child remains dependent, neglected or abused in the parent’s care; or
(2) The parent of the child is deceased; or
(3) The parent’s parental rights have been terminated; or
(4) The parent consents to the appointment of a standby guardian.
(c) The Court must also find, prior to the granting of an order for standby guardianship that there is a significant risk that the parent, legal custodian, or guardian will die, become incapacitated, or become debilitated as a result of a chronic condition or terminal illness within 2 years of the filing of the petition as certified by an attending physician.
(d) If an order for standby guardianship is granted, the order shall determine the triggering event for the standby guardianship by specifying whether:
(1) The authority of the standby guardian is effective on the receipt of a determination of the petitioner’s incapacity or debilitation, or on the receipt of the certificate of the petitioner’s death; or
(2) That the authority of the standby guardian may become effective earlier on written consent of the petitioner.
If at any time before the beginning of the authority of the standby guardian the Court finds that the requirements of this subchapter are no longer satisfied, the Court may rescind the order.
76 Del. Laws, c. 222, § 1.
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