Can Family Members Disagree About Who Should Be Guardian?

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By Matt Carucci
Jun 10, 2026 04:20 PM

Can Family Members Disagree About Who Should Be Guardian?

Yes. Family members can disagree about who should be appointed as guardian, and in many cases they do. That kind of dispute often comes up when multiple siblings each believe they should serve for a parent, or when divorced parents disagree about who should be guardian for a disabled adult child.

When there is a disagreement about who should serve, the case can become what is called a contested guardianship. That means the Court is not just looking at whether a guardian is needed. It may also need to decide who the best guardian would be, or even whether anyone should be appointed at all.

In that kind of situation, the Court will investigate the facts and may hold a guardianship hearing that functions like a trial. The judge may need to hear from the people involved, consider evidence, and decide which proposed guardian is most appropriate. So while some guardianship cases move forward without much conflict, others become more involved when family members are not on the same page.

This is one reason it helps to think carefully before filing. A family disagreement does not necessarily prevent guardianship, but it can change the process significantly. What starts as a straightforward petition can turn into a contested matter if others object or want to serve themselves. Understanding the Delaware guardianship process before filing can help you anticipate where disagreements may arise.

If you are concerned that another family member may object, that is something to evaluate early. I can help you think through whether the case is likely to be contested, what that may mean for the process, and how the Court may look at the competing positions.

Further Reading

Who Can Be Appointed as a Guardian for an Adult?

May 18, 2026
Learn who can serve as guardian for an adult in Delaware, including parents, children, siblings, and when institutions may step in.

What Is the Difference Between a Guardian of the Person and a Guardian of the Property?

May 25, 2026
Learn the difference between a guardian of the person and a guardian of the property in Delaware adult guardianship cases.

What Is the Difference Between Guardianship and Power of Attorney?

May 04, 2026
Learn the difference between guardianship and power of attorney, when each applies, and why guardianship may be needed if no documents were signed.