Delaware Guardianship and Voting Rights: What Wards Retain

The Rights a Ward Keeps — and the Ones They Lose

A Delaware guardianship order doesn't erase every right the ward holds. But the distinction between what's retained and what's removed depends almost entirely on whether the court entered a limited or plenary order — and most families don't fully understand that difference until after the hearing.

This matters because guardianship is the most significant restriction on civil liberties that a court can impose on someone who hasn't committed a crime. Getting the scope right protects both the ward's dignity and the family's long-term relationship.

Voting Rights Under Delaware Guardianship

Delaware's approach to voting rights in guardianship cases is more protective than many states. The Delaware Constitution (Article V, § 2) and 15 Del. C. § 1701 permit disenfranchisement only after a specific judicial finding that the person is mentally incompetent for voting — a finding that does not automatically follow from a guardianship appointment.

In practice, this means:

• A limited guardianship order does not remove voting rights unless the court specifically makes the finding required by 15 Del. C. § 1701
• A plenary guardianship order does not, by itself, answer voting eligibility; the court must still make that specific finding
• The ward has the right to challenge any restriction on voting through the same modification process used for other guardianship terms

Families who want to preserve their adult child's voting rights should raise the issue explicitly during the petition process. A limited guardianship order that does not include the specific voting-incompetence finding keeps that right intact by design.

What Limited Guardianship Preserves

Under 12 Del. C. § 3901 et seq., a limited guardianship assigns specific, narrow decision-making powers to the guardian while the ward retains all unassigned rights. The court's order must spell out exactly which areas the guardian controls.

Rights commonly retained under limited orders include:

• Choosing where to live (unless residential decisions are specifically assigned)
• Making day-to-day healthcare decisions
• Managing personal relationships and social activities
• Entering contracts for routine purchases
• Voting and participating in civic life
• Making decisions about employment

The guardian's authority extends only to the areas the court specifically designates. If the order says "financial management of assets exceeding $500," the ward handles everything below that threshold independently.

What Plenary Guardianship Removes

A plenary guardianship of person and property is the most restrictive option. The court's Final Order transfers all legal decision-making authority to the guardian. The ward loses the independent right to:

• Choose their residence
• Make medical decisions or refuse treatment
• Enter contracts or manage finances
• Marry or divorce
• Make educational decisions

This is why the Court of Chancery requires clear and convincing evidence before entering a plenary order, and why the law mandates that the petitioner demonstrate that less restrictive alternatives are inadequate.

The Ward's Right to Be Heard

Even under plenary guardianship, the ward retains procedural rights. They must receive notice of all guardianship proceedings, have the right to attend hearings, and can petition the court for modification or termination. The court appoints an Attorney Ad Litem specifically to represent the ward's interests — and under certain circumstances, a second AAL to represent the ward's expressed wishes when those diverge from their objective best interests.

The ward can also file complaints with the Guardianship Monitoring Program if they believe the guardian is not meeting their needs or is acting against their interests.

Building the Right Scope

The decision between limited and plenary guardianship shapes the ward's daily life for years. Families should work with the court to craft the narrowest order that genuinely protects the ward — preserving autonomy in every area where the ward can function with support.

The Delaware Adult Guardianship & Alternatives Guide includes a capability evaluation worksheet that maps the ward's functional abilities to specific guardianship domains, helping families propose a tailored limited order rather than defaulting to plenary.

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