Short answer

No. In Delaware, being appointed guardian of the person does not automatically give you authority over the incapacitated person’s estate or finances. The court must separately appoint a guardian of the estate (sometimes called a conservator or guardian for the property). A single court order can name the same person to serve in both roles, but the appointments and legal powers are distinct.

Detailed answer — what this means and why it matters

Delaware separates responsibility for personal-care decisions from responsibility for financial affairs. A guardian of the person has authority to make personal decisions the court assigns, such as where the person lives, medical and daily-care decisions, and other nonfinancial matters. A guardian of the estate (or guardian for the property / conservator) has authority to manage money and property: collect income, pay bills, manage investments, sell property with court approval, and file accountings with the court.

If you are only appointed guardian of the person, you generally do not have legal authority to access bank accounts, sign tax returns, sell real property, or make other financial transactions on behalf of the protected person. Trying to act on the estate without a proper court appointment can expose you to legal liability and may cause banks or other institutions to refuse to honor your actions.

If the court intends for one person to handle both personal and financial matters, the judge can order both appointments in the same proceeding. Otherwise, you or another interested person must file a separate petition asking the court to appoint a guardian of the estate (or to modify the existing order to add estate powers).

Typical steps to obtain authority over the estate in Delaware

1. File a petition: A petition for appointment as guardian of the estate (or to be appointed both guardian of the person and of the estate) must be filed in the court that handles guardianship matters. The petition requests that the court find the person incapacitated and appoint a fiduciary for property management.
2. Medical evidence: The court usually requires medical or professional evaluations documenting incapacity and the need for a protective appointment.
3. Notice and hearing: Interested persons must be given notice and the court will hold a hearing to consider evidence and testimony.
4. Court order and letters: If the court finds incapacity and grants the petition, it will issue an order and letters of guardianship or letters of conservatorship that specify the guardian’s powers and any limitations or bond requirements.
5. Bond, inventory, and accountings: The court may require a bond to protect against mismanagement. The guardian of the estate typically must file an inventory of assets and periodic accountings with the court and get approval for certain transactions.

Where to find Delaware law and forms

Delaware’s statutes and court rules govern how guardianships and guardianships of the estate are created and supervised. A helpful starting point for statutory language and chapter organization is the Delaware Code on guardianships: Delaware Code — Title 12, Chapter on Guardians and Conservators. For court procedures, local forms, and practical guidance, consult the Delaware Courts website: courts.delaware.gov.

Common limits and important obligations for a guardian of the estate

• Authority is limited to powers spelled out in the court order; if a transaction falls outside those powers you must seek court approval.
• Fiduciary duty: A guardian of the estate must manage assets prudently, avoid conflicts of interest, and act in the protected person’s best interests.
• Recordkeeping and accounting: Keep detailed records, receipts, and bank statements. You will likely need to file periodic reports and an annual or final accounting with the court.
• Bond and insurance: The court may require a bond, and many fiduciaries buy errors-and-omissions or fiduciary liability insurance.
• Compensation: The court may allow reasonable compensation for the guardian’s time and expenses, but that compensation is subject to court approval and statutory or local rules.

Helpful Hints

• If you anticipate handling money, ask the court to appoint you as guardian of the estate at the same time you seek appointment as guardian of the person — it can save time and a second proceeding.
• Gather documentation early: medical evaluations, a list of assets and debts, bank statements, and contact information for any professionals (doctors, accountants, financial advisors).
• Use a separate bank account for the protected person’s funds. Never mix personal funds with the estate’s funds.
• Contact institutions (banks, Social Security, pension administrators) with the court’s letters of appointment — most require originals or certified copies before releasing funds.
• For major transactions (selling a house, investing large sums), get court approval in advance even if you believe you have the authority; this protects both you and the protected person.
• Keep beneficiaries and family informed of significant financial decisions and regular accountings to reduce disputes.
• Consider hiring a lawyer experienced in Delaware guardianship and fiduciary matters for guidance through the petition, bond, inventory, and accounting process.

When you might seek modification or emergency powers

If urgent financial action is required (to pay for care, avoid eviction, or prevent loss of assets), you can ask the court for temporary or emergency authority over property. The court will weigh the need for immediate action against due process protections for the protected person and interested parties.

Where to get help

Start with the Delaware Courts website to find local guardianship forms and contact information: courts.delaware.gov. Consider contacting a Delaware attorney who practices guardianship and fiduciary law for personalized guidance and to prepare or review petitions, inventories, and accountings.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Delaware attorney.