Del. Ch. Ct. R. 176

(a) Attorney Ad Litem. The Court may appoint a

member of the Delaware Bar to represent a minor, a Person

with an Alleged Disability, a Subject Person, or a Principal

(the “Represented Person”). The Court may act on a party’s

motion, its own motion, or routinely upon the filing of a

petition.

(1) Duties. An attorney ad litem must pursue the best

interests of the Represented Person. An attorney ad

litem must reasonably investigate the petition’s

allegations and all pertinent facts, explain the

proceedings to the Represented Person, and inform the

Represented Person of their rights. The Court may

impose additional or different duties by order.

(2) Notice. An attorney ad litem must give and receive

notice on behalf of the Represented Person. Unless the

court directs otherwise, an attorney ad litem must

provide the Represented Person with actual notice of

any hearing at least 10 days in advance.

(3) Conflict. If the attorney ad litem’s view of the

Represented Person’s best interests differs from the

Represented Person’s wishes, then the attorney ad

litem must advise the Court. The Court may appoint a

second attorney to pursue the Represented Person’s

wishes.

(b) Court Representative. The Court may appoint a

court representative to investigate the petition’s

allegations and all pertinent facts.

(c) Report. The Court may direct the attorney ad litem

or court representative to file a report and recommendation

as directed in an order of the Court.

(d) Compensation. A court representative or an

attorney ad litem may receive an award of compensation,

including reimbursement of expenses. Either may be

waived.

(1) Determining and Apportioning the Award. A court

representative or an attorney ad litem may bill for time

at standard hourly rates, record expenses, and move for

an award when services are complete. Unless the Court

orders otherwise, the petitioner seeking relief from the

Court must pay the attorney ad litem’s fee within 30

days of an order approving the fee.

(2) Attorney Ad Litem—Award in Uncontested Case.

(A) The attorney ad litem’s award may not exceed

$750 in an uncontested case. But if the Court orders

the attorney ad litem to address an objection, and

the action does not become contested, then the

award may not exceed $1,000. The Court may award

a different amount for cause.

(B) The petitioner must pay the award within 30

days after Court approval, unless the Court

apportions the fee differently or specifies a different

time for payment.

(3) Attorney Ad Litem—Award in Contested Case. The

attorney ad litem’s award may not exceed $3,500 in a

contested case, except for cause.

(4) Motion Seeking Award. The motion must be filed

not later than 20 days after the Court resolves the

merits. The motion must comply with Rule 88 and

address who should pay the award. The motion must

include a form of order that specifies the amount of the

proposed award and the proposed allocation of

responsibility for payment.

(5) Cause. Whether to approve a greater fee under

this rule is a matter within the Court’s discretion. The

Court may consider, among other relevant factors, the

amount of time and attention given by the attorney ad

litem, the novelty and difficulty of the questions

presented, the resources available to pay the fees and

costs, and the benefit provided to the Represented

Person by the attorney ad litem’s service.