Legal Authority to Help Someone You Love

Delaware Guardianship Attorney for Families Facing a Loved One’s Decline

When a Loved One Can’t Make Decisions, I Help You Step In the Right Way

If your parent or adult child is no longer able to manage their care, finances, or decisions, I’ll guide you through the guardianship process with clarity and compassion.

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 Sometimes, Love Isn’t Enough. You Need Legal Authority.

 Whether it’s dementia, disability, or an unexpected health crisis, there comes a point when someone you love can’t manage their own needs. But caregiving alone isn’t enough. You need legal authority to make decisions, access records, or protect them from harm.

Avoid These Common Mistakes

  • An elderly parent with dementia or Alzheimer’s is no longer safe managing their finances
  • A disabled adult child needs long-term decision-making support
  • A loved one is being financially exploited, but no one has the authority to intervene
  • Medical decisions are needed, but HIPAA blocks access
  • There’s no power of attorney in place and the person no longer has legal capacity
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Legal Guidance Designed Around Your Needs, Not Ours

I Walk You Through Every Step So Nothing Gets Missed

 Guardianship is a serious legal process, but it doesn’t have to be overwhelming. I’ll guide you clearly from start to finish so you can protect your loved one with confidence.

  • Determine whether guardianship is necessary, or if a simpler option exists
  • Prepare and file all court documents
  • Coordinate with doctors or care providers to document incapacity
  • Represent you at hearings
  • Help you understand your responsibilities after guardianship is granted
  • Communicate with courts and other family members when needed
Clear Guidance and Support

How Guardianship Works in Delaware

The guardianship process in Delaware has several required steps, and it helps to have someone guiding you from the beginning. I help families understand what to expect, stay organized, and move through the process with clarity and confidence.

 

  1. File the petition. We begin by preparing and filing a petition in the Delaware Court of Chancery that explains why guardianship may be necessary and provides background about your loved one’s condition, finances, and situation.
  2. Notify family members and other interested parties. The Court requires notice to certain family members or others who may have an interest in the case.
  3. Work with the Attorney Ad Litem. The Court appoints an Attorney Ad Litem to investigate the circumstances and provide findings to the judge. I help you understand that process and respond to what is needed.
  4. Gather supporting information. We work together to collect the documents, background information, and details that may help the Court evaluate the case.
  5. Attend the hearing. The Court holds a hearing to decide whether guardianship is appropriate and, if so, who should be appointed to serve.
 You’re Already Doing So Much. Let Me Handle the Legal Side

Why People Hire Me

Over 20 years guiding Delaware families
Clear, plain-English communication at every step
Kind, nonjudgmental support during tough family conversations
Deep familiarity with Delaware court procedures
I close your case cleanly and efficiently

 Not Sure If This Is the Right Step? Let’s Talk.

Do I really need guardianship?
Sometimes there are other options, such as a power of attorney or advance healthcare directive. Other times, guardianship is the right legal step because your loved one can no longer make or communicate important decisions. I can help you understand what fits your situation.
Is it better to have power of attorney or guardianship?
Whenever possible, it is usually better to plan ahead with a durable power of attorney and an advance healthcare directive. But those documents are not always in place, and they are not always enough. When they are missing or no longer solve the problem, guardianship may be necessary.
Can I get guardianship if there is no power of attorney?
Yes. A power of attorney is not required to start the guardianship process. In many cases, guardianship becomes necessary because the person is no longer able to sign legal documents, or because no decision-maker was ever formally named.
Am I already too late to do this?
Not necessarily. Guardianship is often triggered by a decline in health, cognition, or ability that becomes clear over time or after a sudden change. The important thing is to take the right step once you know more help is needed.
What if other family members disagree?
Family disagreements are not unusual in guardianship matters. I help families move through the process as clearly and respectfully as possible while keeping the focus where it belongs: on your loved one’s needs and protection.
How long does guardianship usually take
Guardianship is a court process, so there are required steps and timelines involved. Some cases move more quickly than others, but I help keep the process organized and moving so you can stay focused on your loved one.
What is the fastest way to get guardianship?
There is no truly fast shortcut, because guardianship is governed by Delaware law and court procedure. The best way to avoid delays is to be prepared, stay organized, and provide the Court with the information it needs as early as possible.
What documents should I gather before I call?
For the first call, you do not need to gather everything in advance. We can start with a conversation about your loved one’s situation, and then I can help you understand what information or documents may be useful next.
Here’s What It Feels Like After Working With Me

Real Clients. Real Peace of Mind.

Here's what families shared after working with me during some of the most difficult times in their lives:

After my Dad passed, I felt so overwhelmed. Matt walked me through the estate closing from start to finish.
Nancy R.
Matt is a gifted lawyer and really cares about what is best for you as a person - I could tell he was looking out for me. He goes into everything looking for the best solution, he is truly the ideal advocate. 
Alisa S.
Matt has guided me through a complicated estate matter — always available, always supportive.
Deborah W.
Exceptional service and results I always felt cared for, not just represented.
Brad M.
Let's Make Sure Your Loved One Is Legally Protected
I’ll answer your questions, explain your options, and help you take the next right step. No pressure. No obligation.
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Delaware Guardianship Attorney

I'm a Delaware-based probate attorney with over 20 years of experience helping families. Serving Wilmington, Newark, Dover, and clients across the state.

I'm here to help you navigate probate, guardianship, and estate planning with clarity, compassion, and care — so you can focus on what matters most.

© 2025 Matthew Carucci, Esq. All Rights Reserved.

Contact Us

matt@mclegalde.com
302.751.0151
2300 Pennsylvania Ave Ste 5a, Wilmington, DE 19806
Mon: 9:00 AM to 7:00 PM
Tue-Fri: 9:00 AM to 5:00 PM
Sat-Sun: Closed

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