Del. Ch. Ct. R. 175

(a) Verification. The petitioner must verify a petition

for the appointment of a guardian for the person or

property, or both, of an adult with an alleged disability (the

“Person with an Alleged Disability”) under 12 Del. C.

§ 3901(a)(2)-(3). The verification must state that the

petitioner believes the contents to be true under penalty of

perjury.

(b) Form. The petition must contain the following

information. If information is unknown, the petition must

state that, represent that the petitioner has made diligent

efforts to obtain the information, and describe those efforts.

(1) Petitioner. The name and address of the petitioner

and the relationship of the petitioner to the Person with

an Alleged Disability, or, if not related, the nature of the

petitioner’s interest in the health and wellbeing of the

Person with an Alleged Disability.

(2) Person with an Alleged Disability. The name, age,

marital status, domicile, and current residence of the

Person with an Alleged Disability, as well as:

(A) if the Person with an Alleged Disability resides

in an institution, the name and address of the

institution and the date and circumstances

surrounding the Person with an Alleged Disability’s

admission;

(B) if the Person with an Alleged Disability’s

expenses are being paid by another person, the name

of the person and the source of the funds;

(C) if the Person with an Alleged Disability served

in the armed forces of the United States, the branch

and dates of service; and

(D) if the Person with an Alleged Disability has

been represented by a Delaware attorney within the

past two years, the name of the attorney.

(3) Interested Parties. The names and addresses of

any potentially interested parties, including:

(A) the Person with an Alleged Disability’s spouse;

(B) any person who would inherit if the Person

with an Alleged Disability died intestate;

(C) any beneficiary in a testamentary instrument;

(D) any person acting for or named by the Person

with an Alleged Disability as a fiduciary, including

any holder of a power of attorney or other agent,

executor, administrator, trustee, or person granted

authority under an advance healthcare directive,

advance mental healthcare directive or other health

care proxy;

(E) any person primarily responsible in the past

six months for the Person with an Alleged

Disability’s care or finances; and

(F) if any potentially interested persons are

minors, their approximate ages and their parents,

guardians, or other contact persons.

(4) Agency Documents. The existence and location of

any agency document, including any power of attorney,

advance healthcare directive, advance mental

healthcare directive, or other health care proxy

executed by the Person with an Alleged Disability.

(5) Estate Documents. The existence and location of

any estate planning document, including any will or

trust.

(6) Financial Information. A listing of the Person with

an Alleged Disability’s:

(A) assets and the probable value thereof;

(B) estimated income; and

(C) obligations and liabilities.

(7) Incapacity. A general allegation that the Person

with an Alleged Disability is unable properly to manage

their person or property because of a disability, and

consequently is in danger of dissipating their property

or becoming the victim of designing persons. If an

interim guardian is sought, specific allegations

demonstrating that the Person with an Alleged

Disability is in danger of incurring imminent serious

physical harm or substantial economic loss or expense,

which may occur before a hearing for the appointment

of a guardian may be held.

(8) Specific Authority. If the petitioner seeks specific

authority as guardian to use the Person with an Alleged

Disability’s property for reasons other than the support,

care, protection, welfare, and rehabilitation of the

Person with an Alleged Disability, to borrow money for

the benefit of the Person with an Alleged Disability, or

to prepay burial expenses, then the petition must

specify the nature of the authority requested and why

the petitioner believes the expenditure would be in the

best interests of the Person with an Alleged Disability.

The form of such request shall follow Rule 178 so far as

applicable.

(c) Exhibits. The petition must include the following

exhibits:

(1) A form of preliminary order scheduling the matter

for a hearing and providing for notice;

(2) a form of final order that includes, as applicable:

(A) a paragraph stating that an order from the

Court is required to authorize the opening of any

safe deposit box, or to sell or encumber any vehicles

or real property, of the Person with a Disability;

(B) language that that a guardian cannot

withdraw the full monthly allotment and must pay

expenses directly from the guardianship account(s);

(C) language discharging any attorney ad litem;

(D) if an attorney filed the petition on behalf of the

guardian, a paragraph stating that the attorney is

responsible for ensuring that any guardianship bank

account required by the final order is properly

opened and that the proof of compliance and

inventory are filed within 30 days;

(E) if bond is required, a paragraph stating that

the bond must be executed and filed within seven

days of the entry of the order and that no copy of the

final order, whether certified or not, will be released

until the bond is filed; and

(F) a paragraph requiring the guardian to notify

the Court of the death of the person with a disability

within 10 days of the death;

(3) if the petition is filed by an attorney and unless the

proposed guardian is a fee-for-service guardian or the

Office of the Public Guardian, an attorney’s affidavit

confirming the attorney has explained to the proposed

guardian the fiduciary duties and responsibilities of a

guardian;

(4) a physician’s affidavit, executed by a medical or

osteopathic doctor authorized to practice medicine

within the last three months, using the Court’s most

recent form, available on the Court’s website;

(5) unless the proposed guardian is a fee-for-service

guardian or the Office of the Public Guardian, affidavits

detailing the proposed guardian’s history and personal

information in the forms provided by the Court; and

(6) affidavits describing petitioner’s efforts to locate

any interested party for whom contact information is

not provided.

(d) Withdrawal. An attorney who has appeared on

behalf of the petitioner may withdraw by notice if the

petitioner expresses consent by signing the notice.