Del. Ch. Ct. R. 175-A

(e) Verification. The petitioner must verify a petition to

determine whether an adult person has capacity (the

“Subject Person”) under 16 Del. C. § 2506. The verification

must state that the petitioner believes the contents to be

true under penalty of perjury.

(f) Form. The petition must contain the following

information. If information is unknown, the petition must

state 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 Subject

Person, or, if not related, the nature of the petitioner’s

interest in the health and wellbeing of the Subject

Person.

(2) Subject Person. The name, age, marital status,

domicile, and current residence of the Subject Person,

as well as:

(A) if the Subject Person resides in an institution,

the name and address of the institution and the date

and circumstances surrounding the Subject Person’s

admission;

(B) if the Subject Person’s expenses are being paid

by another person, the name of the person and the

source of the funds;

(C) if the Subject Person served in the armed

forces of the United States, the branch and dates of

service; and

(D) if the Subject Person 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 Subject Person’s spouse;

(B) any person who would inherit if the Subject

Person died intestate;

(C) any beneficiary in a testamentary instrument;

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

Person 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 Subject Person’s care or finances;

(F) any person who contests the petitioner’s

position on the Subject Person’s capacity; and

(G) 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 Subject Person.

(5) Estate Documents. The existence and location of

any estate planning document, including any will or

trust.

(6) Nature of Dispute. A detailed explanation of the

nature of the dispute, and why the Court must

determine the capacity for the Subject Person.

(g) 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,

language discharging any attorney ad litem;

(3) a copy of the determination of a lack of capacity

that is in dispute under 16 Del. C. § 2504(b); and

(4) affidavits describing petitioner’s efforts to locate

any interested party for whom contact information is

not provided.

(h) Withdrawal. An attorney who has appeared on

behalf of the petitioner may withdraw by notice if the

petitioner expresses consent by signing the notice.