Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
The answer is yes
. I am assuming that by "guardian," you mean a court-appointed guardian. If not, then please REPLY and let me know.
As the appointed guardian, the guardian has the authority to sign on behalf of the person and also act on behalf of the person. As such, they can create a trust on behalf of the person much like the person could do so themselves. This is presumed
to be valid unless an interested party challenges the trust, arguing that the guardian is not acting in the best interest of the person. If so, then the Court will review the guardian's action and may or may not uphold the decision, but likely will, provided that the guardian has not been abusing their position. Provided that the guardian has acted in the best interest of the person under chapter 39a of Delaware Code, the trust creation should not be an issue.
It is recommended to use an attorney to draft the trust document. May I recommend the Delaware Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating