What the conservator board in Delaware actually requires

Last updated 2026-08-19

What is the conservator board in Delaware?

Delaware has no standalone conservator licensing board. The Court of Chancery appoints a guardian of the person, a guardian of the property, or both, under Title 12, Chapter 39 of the Delaware Code ^[1]. If you typed conservator board, you want that court and the Register in Chancery in the county where the adult lives.

Title 10, Chapter 3 is the organizational statute for the Court of Chancery. It is a court of equity. The Code says, "The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity." ^[5]

That is why this work does not look like a professional-license application. You do not sit for an exam in Dover. You petition. A chancellor or vice chancellor decides. Letters issue only after you qualify on the terms in the order.

People get stuck on the word board because other states really do run guardian registries. Delaware does not. Florida built a different professional path (see Florida's conservator board if you are comparing states). California uses the word conservator in statute. Delaware still says guardian on the order.

The clerk you will actually talk to is the Register in Chancery. New Castle County's Register sits in Wilmington ^[9]. Sussex County's Register is a county row office in Georgetown ^[10]. Kent County has its own Register in Dover. File where the person resides unless the court tells you otherwise.

Treat this as a lawsuit from day one. Caption it that way. Keep exhibits that way. The court can appoint the Office of the Public Guardian when no suitable private fiduciary steps up. That office is a backstop. It is not a license bureau, and it is not a shortcut around Chapter 39 ^[1].

Do you need a license for conservator in Delaware?

No. You do not need an occupational license to serve as a conservator in Delaware, because the State does not issue one. You need a Court of Chancery appointment, meaning an order plus letters of guardianship, under Title 12, Chapter 39 ^[1].

Title 12, Chapter 39 is the guardianship statute the Court of Chancery applies, not a professional-license code ^[1]. A conservator Delaware search that dumps you onto a "permit class" is sending you to the wrong shop.

If the person receives Social Security or SSI, that check has its own federal track. A Delaware order does not automatically make you the representative payee. SSA still decides the payee file ^[11]. VA benefits have a separate fiduciary program too. Plan for those as extra paper, not as a stamp on the Chancery order.

Do not pay for a multi-state conservator license course aimed at Delaware. There is no exam here. Spend that money on Delaware Chancery counsel if the estate is messy, or on the surety bond if the court requires one.

Criminal history, bad credit, and conflicts of interest can still sink a petition. The judge can decide you are a poor fit. That is a fitness call, not a license denial from a board that does not exist.

Federal payee status can be refused even after the Delaware court appoints you. If almost all of the income is SSA, start the payee file as soon as you have letters ^[11].

Is it a conservator or a guardian in Delaware?

Delaware's statute says guardian. Other states say conservator when the job is money and property. Same family of cases. Different label on the caption.

Under Chapter 39 the court may appoint a guardian of the person, a guardian of the property, or both ^[1][2]. Person means health, placement, and personal decisions. Property means assets, income, bills, and accounts. If you came from California, the property side is what that state calls a conservator of the estate. Compare what California actually calls this if you are moving a case across state lines.

Use the Delaware words on Delaware paper. Caption the case the way the Register expects. Do not invent a Petition for Conservatorship cover sheet unless a current Chancery form uses that phrase. Delaware has not swapped Chapter 39 out for the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act as its main in-state appointment statute. Chapter 39 is still the home statute ^[1].

Role Delaware names	What it covers	What many states call it
Guardian of the person	Placement, health, daily decisions	Guardian of the person
Guardian of the property	Money, land, accounts	Conservator
Guardian of person and property	Both grants in one case	Plenary guardian or conservator

Interstate problems (the person is here, the old order is from another state, a snowbird split the year) run through Chapter 39A. That is the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The Code says, "This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act." ^[4]

That chapter is about which state has jurisdiction. It is not a second license and it is not a Delaware conservator board.

Where do you file a conservator petition in Delaware?

File with the Register in Chancery in the Delaware county where the person lives. Delaware splits adult guardianship filing across 3 county Registers in Chancery: New Castle, Kent, and Sussex ^[9][10].

New Castle is the high-volume county. The Register's office is a county office, and the Court of Chancery hears the case in Wilmington ^[9]. Kent filings go through Dover. Sussex filings go through Georgetown ^[10]. Call the office before you drive a box of originals across the state.

Do not mail a petition to a Delaware Conservator Board. That office does not exist. If you are used to Connecticut probate courts, stop and reorient. Connecticut's path is a probate-court path (Connecticut conservator board). Delaware's path is Chancery.

Venue gets weird when the person is in a Wilmington hospital but still resides in Sussex. Ask the Register before you pay a filing fee in the wrong county. Wrong venue wastes a fee and a month.

If the person is not in Delaware at all, stop. Chapter 39A is the first statute you read, not Chapter 39 ^[3]. Home-state and significant-connection tests decide whether Delaware should even open a case.

Bring photo ID, the filing check or card the clerk will accept that day, the medical affidavit, and enough copies. Registers differ on how they want packets assembled. Ask the counter, not a Facebook group, for the current copy count.

How much does conservator cost in Delaware?

There is no published statewide price for a conservator Delaware case. Cost is a stack of line items, and the only honest move is to confirm each one with the office that charges it.

Expect some mix of the Court of Chancery or Register in Chancery filing fee, service costs, a physician or other clinical report, certified copies, a surety bond premium if the order requires a bond, and attorney fees if you hire counsel. If the court appoints an attorney for the person, that bill can land on the estate or as the court directs.

I will not quote a filing-fee number here. Registers change civil fees. A blog that still recites a five-year-old Chancery fee is how people bounce checks. Call the Register in the county of filing, or read the current judiciary fee schedule the clerk points you to, and write that number on your checklist the same day ^[9][10].

Attorney time is usually the largest private cost in a contested New Castle case. An uncontested family petition with a complete medical affidavit costs less. Nobody reputable can quote a fixed legal fee without seeing the family fight, the asset list, and whether a power of attorney already exists.

Bond premium is a commercial insurance price. It tracks the penal sum the court sets, the applicant's credit, and the surety's underwriting. It is not a court fee. Confirm the bond amount in the order before you buy anything.

Physician letters are a private medical charge. Budget for the visit and for the written report the court actually accepts. A one-paragraph note that says she seems confused is how hearings get continued.

If someone is selling you a Delaware conservator permit for a few hundred dollars, that is a waste of money. Compare the shape of the stack (not the dollars) with what conservator cost in California actually includes if you are estimating a move.

How long does conservator take in Delaware?

There is no statutory stopwatch that says letters will issue in 30 or 60 days. Time follows notice, medical evidence, whether anyone objects, and the county calendar. Confirm the current hearing practice with the Register in Chancery when you file ^[9][10].

A clean uncontested petition still needs a filed case, service on the person and other interested people, a hearing, an order, and then qualification. Qualification means the oath, the bond if required, and letters. Service alone can eat weeks if a child lives out of state. A missing physician affidavit adds another loop.

Emergency or interim relief can move faster when the facts are ugly. Think a freeze on an account, or a hospital discharge with nowhere safe to go. Faster is not automatic. You still have to plead facts that justify jumping the ordinary notice line. Do not file emergency as a scheduling hack. Judges notice.

Contested cases take longer. Family fights over who should serve, or whether the person even meets the disability standard, turn into real Chancery litigation. That can run months.

Nobody has good public data on a Delaware median time from petition to letters. The closest signal is the hearing date the Register gives you after service is complete.

After appointment, first-year paper has its own clock. Inventory and accounting dates live in the order or in the statute and rules the court applies ^[1][2]. Miss those and you have a new problem that is entirely self-inflicted.

If you also need SSA payee status, start that federal file as soon as you have letters. SSA does not run on the Chancery calendar ^[11].

What paper does the Delaware court actually want?

A petition, not an application for a license. The petition has to give the court a person, a county, a theory of disability, a proposed guardian, and a property picture if you want authority over assets. Chapter 39 is where the appointment power lives ^[1][2].

Bring current medical evidence. The court is not going to appoint a property guardian on a family story alone. Use the physician form the Register is circulating this year, not a form you found on a random blog.

Notice papers matter as much as the petition. The person who would lose rights has to be served. So do the people the statute and the court treat as interested. If you skip a child or a current agent under a power of attorney, expect a continuance or worse.

Proposed orders save pain. Chancery practice runs on orders. Give the judge a proposed order that matches the relief in the petition. Person only, property only, or both. Limited powers if that is what you asked for. Do not hide a house-sale power in a form order the other side never saw.

After the hearing you still need letters. Letters are the document banks and hospitals ask for. An oral ruling is not letters. Qualify first.

Keep a running exhibit list from day one. Medical report. Service affidavits. Proposed bond. Draft inventory categories. Delaware Chancery is formal. Sloppy binders waste hearings.

Arizona's packet culture is different. If you are templating from another state, stop and read Delaware's chapter instead of Arizona's conservator board packet.

Do you have to post a bond as a Delaware conservator?

Usually yes if you want property authority, unless the court waives it. Bond is a court-set dollar amount backed by a surety (or sometimes other security). It is there so the estate has a claim if you steal, borrow, or just lose the money.

Person-only guardianships often look different on bond. Property authority is where bond shows up. Confirm what the proposed order says before you argue with a surety agent. Confirm the current practice with the Register if the order is silent ^[9][10].

The penal sum should track liquid assets and expected income, not a number you picked because it felt serious. Too low and the court will bounce it. Too high and you are paying premium on a fantasy estate.

Waiver happens. It is not a right. A tightly drafted existing trust, a small checking account, and a clean family situation make waiver easier to ask for. A fight among siblings makes waiver harder.

Buy the bond only after you know the amount and the exact name the letters will use. Sureties are picky about the name on the letters matching the name on the bond. A middle initial fight can stall letters for a week.

This is one place a paper kit helps if you have never posted a fiduciary bond. ConservatorPath sells a $199 one-time Bond + Accounting Kit at /start. It does not replace the surety or the court. Use it as a checklist, then follow the order.

What happens in the first year after appointment?

The first year is where honest lay guardians get wrecked. Not at the hearing. After.

You will need an inventory of property you actually control. Then you will need accountings on the court's schedule ^[1][2]. Keep every statement. Do not commingle. The person's money stays in the person's accounts, or in an estate account titled the way the order and the bank require.

Open the bank relationship with letters in hand. Banks in Wilmington will ask for certified letters, a photo ID, and sometimes the order. They will not accept a petition stamp.

If there is real property, read the order before you list a house or change insurance. Selling land is not a casual power even after appointment. You may need a separate Chancery petition to sell. Ask before you sign a listing agreement.

Housing and medical decisions sit on the person side. Placement in a facility is not something you improvise against a person-only or property-only grant. Match the letters to the decision.

Adult Protective Services is a different office. APS investigates abuse, neglect, and exploitation under Title 31, Chapter 39 ^[8]. APS can be a reporter or a petitioner in ugly facts. APS is not your annual-accounting counter.

CFPB's lay-fiduciary guides are readable on the money chores (bills, gifts, commingling) even though they are not Delaware forms ^[12]. Use them for habits. Use the order for authority.

Colorado's first-year packet is not your packet. If you moved from there, do not recycle those due dates (Colorado conservator board).

Who can serve as conservator or guardian in Delaware?

A suitable adult the court is willing to trust. Often a spouse, adult child, or other relative. Sometimes a professional fiduciary or the Office of the Public Guardian.

There is no Delaware conservator exam. Fitness is personal. The court looks at conflict of interest (you are the landlord, you are the remainder beneficiary, you hold the power of attorney and also want to be paid), at geography, and at whether you can actually do the paper ^[1][2].

Out-of-state family can serve in many cases, but the court can require a resident agent or just prefer someone on the ground. If you live in Illinois and the person lives in Newark, Delaware, budget for travel and a local process server. Read how Illinois frames its own board path only as contrast, not as a form source.

A current agent under a durable power of attorney is sometimes the right petitioner and sometimes the worst one. If the power of attorney still works, the court may ask why you need a guardian at all ^[6]. If the agent is the problem, say that in plain facts.

Companies and professional guardians appear more in larger New Castle estates. Delaware still does not run a statewide professional-guardian license mill. The judge still has to appoint you under Chapter 39 ^[1].

I would rather see a careful sibling with a binder than a paid stranger who cannot get to Georgetown on a weekday. The court may disagree. That is the court's call.

What if the person already has a power of attorney?

Then start there, not with a petition. A valid durable personal power of attorney under Title 12, Chapter 49A can already cover property decisions ^[6]. A health-care advance directive under Title 16, Chapter 25 can already cover medical decisions ^[7].

Guardianship is the heavier tool. It takes rights away in public, with notice and a record. If the power of attorney is working and the agent is honest, filing a Chapter 39 case is often a waste of money.

File when the power of attorney is invalid, the agent is exploiting the person, a bank will not honor the document, or the person never signed one and cannot sign now. Those are real reasons. I want the word guardian on a letterhead is not.

Bring the power of attorney to the first meeting with counsel. Bring the bank's rejection letter if that is the trigger. Chancery can sometimes issue targeted relief instead of a full plenary guardianship. Ask for the narrow thing you need.

UAGPPJA still matters if the power of attorney was signed in another state and the person now lives in Delaware ^[3]. Validity of the document and jurisdiction over a guardian are different questions. Do not mash them into one paragraph in the petition.

If the only problem is one stubborn bank branch, try a fresh certified copy and a short lawyer letter first. A full guardianship to soothe one operations clerk is an expensive habit.

How does Delaware handle out-of-state conservators?

Chapter 39A is the interstate statute ^[3]. It is how Delaware decides whether it is the home state, whether it will accept a transfer, and whether it will recognize another state's order.

If you already hold letters from another state and the person has moved to Dover or Rehoboth, do not pretend those foreign letters automatically run a Delaware closing or a Delaware deed. Talk to the Register and read Chapter 39A before you sign anything as conservator ^[3][4].

Registration and transfer are different asks. Registration is about using an existing out-of-state order. Transfer is about moving the whole case. Use the words the uniform act uses. Caption slop here creates two open files and two accounting calendars.

If Delaware is only a property state (a condo at the beach, the person lives in New Jersey), you may have a jurisdiction fight. Do not guess. Wrong-state letters are how title companies refuse to insure a sale.

I would not file a brand-new plenary Delaware case just because a bank branch in Wilmington is stubborn, if a 39A registration would do. Extra cases create extra accountings.

If the old state was California, bring certified letters and the order, not a printout of a docket. California paper is not self-executing here, even when the caption says conservator ^[3].

What gets people in trouble with the Register in Chancery?

Late accountings. Commingling. Gifts to yourself. Paying your own rent from the person's account because she would have wanted that. Selling the house without authority. Ignoring a limited order and acting like you have plenary power.

The Register and the court can compel accountings, surcharge you, remove you, and call in the bond ^[1][2]. APS can open a parallel file if the facts look like exploitation ^[8]. None of that requires a licensing board.

Keep receipts. File when the order says file. Ask for instructions when the order is silent. That sounds dull because it is dull. It is also the whole job.

Banks will freeze you out if the letters lapse or the name does not match. Hospitals will ignore a property-only grant on a placement fight. Read the letters every time before you sign.

If a sibling wants a "loan" from the estate, the answer is no until the court says yes. Informal family adjustments are how surcharges get written.

ConservatorPath is an independent publisher, not a law firm and not a service company. The court still wins every argument about what the order means.

Frequently asked questions

Do you need a license for conservator in Delaware?

No. Delaware does not issue an occupational conservator license. You need a Court of Chancery order and letters of guardianship under Title 12, Chapter 39. Social Security and VA benefits still need their own federal fiduciary files. Confirm current petition forms with the Register in Chancery in the county of filing.

How much does conservator cost in Delaware?

Cost is a stack, not one posted price. Budget the Register in Chancery filing fee (confirm the current amount), service, a physician report, certified copies, a surety bond premium if required, and counsel if you hire any. Contested New Castle cases cost more in attorney time. Ignore anyone selling a Delaware conservator permit.

How long does conservator take in Delaware?

There is no published SLA and no honest statewide median. An uncontested case still needs filing, service, a hearing, an order, and qualification before letters issue. Service and missing medical paper add weeks. Contested cases can run months. Confirm the hearing date with the Register after service is complete.

Which county Register in Chancery do I file with?

File in the county where the person lives. Delaware has 3 Registers in Chancery: New Castle (Wilmington), Kent (Dover), and Sussex (Georgetown). Hospital location and residence are not always the same. Ask the Register before you pay a fee in the wrong county. Wrong venue wastes money and time.

Is a lawyer required in the Court of Chancery?

The statute does not force every family petitioner to hire counsel, but Chancery practice is formal and the paper is unforgiving. I would hire Delaware Chancery counsel if anyone objects, if real property will be sold, or if a power of attorney is already in dispute. Confirm any local counsel rules with the Register when you file.

Can the court waive the guardian bond?

Sometimes, especially on small or already-trusteed estates, but waiver is not a right. Property authority is where bond usually appears. Ask in the petition and put the request in the proposed order. Confirm what the signed order actually says before you skip the surety. Person-only cases often look different.

What is the difference between the order and letters of guardianship?

The order is the judge's decision. Letters are the clerk-issued proof banks and hospitals ask to see. You qualify first (oath, and bond if required), then letters issue. An oral ruling is not letters. Carry certified letters, not a hearing transcript, when you open an account.

Can I use a California conservatorship order in Delaware?

Not by itself. Delaware applies Chapter 39A, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, to recognition, registration, and transfer. Bring certified letters and the order. Ask the Register whether you need registration or a transfer. A California caption that says conservator does not run a Delaware deed on its own.

Does Adult Protective Services appoint conservators?

No. APS investigates abuse, neglect, and exploitation under Title 31, Chapter 39. APS can report, refer, or petition when the facts are ugly. Appointment still belongs to the Court of Chancery under Title 12, Chapter 39. APS is not the conservator board and it does not issue letters.

What if the person already signed a power of attorney?

Start with that document. A durable personal power of attorney under Title 12, Chapter 49A may already cover property. A health-care directive under Title 16, Chapter 25 may already cover medical decisions. File a guardianship if the document is invalid, the agent is the problem, or no one can act. Otherwise you may be wasting a filing fee.

Are annual accountings required for a Delaware property guardian?

Property guardians should plan on inventory and periodic accountings. The due dates are in the order or in the statute and rules the court applies. Confirm the first inventory window on the signed order. Late accountings are how otherwise decent family guardians get compelled, surcharged, or removed.

Can someone with a criminal record serve as guardian in Delaware?

There is no automatic statewide license denial, because there is no license. The Court of Chancery still decides fitness. A record involving theft, abuse, or exploitation is a serious problem on a property petition. Disclose it. Hiding it is worse. The judge can refuse the appointment.

How do you end a Delaware guardianship?

You need a court order. Death, restored capacity, or a transfer out of state under Chapter 39A are the usual paths. You still account through the end date and you still need to be discharged. Do not stop filing just because the family agrees the case is over. Ask the Register what closing paper that county wants.

Sources

1. Delaware Code, Title 12, Chapter 39 (Guardianship): Adult guardian of the person and/or property is appointed under Title 12, Chapter 39, not under a professional-license statute.
2. Delaware Code, Title 12, Chapter 39, Subchapter I: Chapter 39, Subchapter I is the opening statutory text the Court of Chancery uses for guardianship appointment and related duties.
3. Delaware Code, Title 12, Chapter 39A (UAGPPJA): Interstate jurisdiction, recognition, registration, and transfer of adult guardianship and protective proceedings are governed by Chapter 39A.
4. Delaware Code, Title 10, Chapter 3 (Court of Chancery): The Court of Chancery is the equity court with jurisdiction to hear and determine matters and causes in equity, including these fiduciary cases.
5. Delaware Code, Title 12, Chapter 49A (Durable Personal Power of Attorney): A durable personal power of attorney under Chapter 49A can already authorize property decisions without a guardianship.
6. Delaware Code, Title 16, Chapter 25 (Health-Care Decisions): Advance health-care decision documents under Title 16, Chapter 25 can already cover medical decisions without a guardian of the person.
7. Delaware Code, Title 31, Chapter 39 (Adult Protective Services): Adult Protective Services investigates adult abuse, neglect, and exploitation under Title 31, Chapter 39 and does not itself issue letters of guardianship.
8. New Castle County Register in Chancery: New Castle County guardianship petitions are filed with that county's Register in Chancery in Wilmington.
9. Social Security Administration, A Guide for Representative Payees (Publication 05-10076): SSA representative payee status is a separate federal appointment and is not created automatically by a state court guardianship order.
10. Consumer Financial Protection Bureau, Managing Someone Else's Money (lay guardian/conservator guide): CFPB's lay-fiduciary guide describes money-management duties such as avoiding commingling and keeping records for court-appointed property fiduciaries.