Del. Ch. Ct. R. 180

(a) Threshold for Guardianship. Pursuant to

12 Del. C. § 3901(b) and (l), no petition to appoint a

guardian of a minor’s property is required if the minor will

receive property or funds of $25,000 or less, inclusive of

costs and attorneys’ fees, except that a limited guardian

may be appointed under subsection (b)(2) of this rule, if

necessary.

(b) Petition for Limited Guardianship of Minor’s

Property.

(1) If a minor is entitled to receive property or funds

of more than $25,000, inclusive of costs and attorneys’

fees, a petition shall be filed to appoint a limited

guardian of the minor’s property, as provided in

12 Del. C. § 3901(l). The limited guardianship shall

terminate, and the guardian shall be released from the

bond, upon the filing of proof that the minor’s funds

were placed in an annuity or structured financial

instrument for the benefit of the minor. Such annuity

or structured financial instrument shall provide for

payment of funds to the minor no earlier than the date

the minor reaches majority, and shall prohibit the

encumbrance, liquidation, sale, or other transfer of the

policy before such time. Unless otherwise ordered, proof

of the annuity or structured financial instrument shall

be filed within 60 days of the entry of the order

appointing the limited guardian.

(2) If a minor is entitled to receive property or funds

of $25,000 or less, inclusive of costs and attorneys’ fees,

but a guardian is necessary to obtain, secure, sell, or

transfer the minor’s property, a limited guardian may

be appointed for the purpose of taking such action. The

guardian’s authority shall be limited by court order.

Unless otherwise ordered, the limited guardianship

shall terminate, and the guardian shall be released

from the bond, upon the filing of proof that the minor’s

funds were deposited in a custodial account under Title

12, ch. 45 of the Delaware Code.

(3) A petition for limited guardianship shall contain

all of the information and annexed documents required

by subsections (e) and (f) of this rule.

(4) Before the order appointing the guardian is

released by the Court, the guardian shall execute a

bond in an amount set by the Court, which shall be no

less than the amount due to the minor.

(c) Petition for Plenary Guardianship of Minor’s

Property. Upon a showing of good cause, a petition may

be filed to appoint a guardian of a minor’s property for the

term of the minority.

(1) In addition to the items set forth in subsections (e)

and (f) of this rule, such petition also shall set forth the

reasons why plenary guardianship is necessary,

including why the guardian expects to need access to

the minor’s funds during the term of the minority.

(2) Upon Court approval of a petition for appointment

of a plenary guardian of the property of a minor, and

before the final order is released by the Court, the

guardian shall execute a bond in the amount set by the

Court. The guardian and her attorney, if any, shall then

open an account at a banking institution with at least

one Delaware branch, which account shall be titled to

indicate that withdrawals may not be made without

Court order. The guardian’s attorney, or the guardian if

she is not represented by counsel, shall file proof of

compliance within 30 days of entry of the final order,

demonstrating that the guardianship account was

opened and properly titled.

(3) The guardian shall file a bank statement annually

on January 15, showing the current balance in the

guardianship account.

(4) The Court may require a guardian to account for

all funds expended from the guardianship account.

(5) The Register’s Office may from time to time

inspect any account established for the benefit of the

minor, and the financial institution holding said

account(s) is authorized and directed to allow said

inspection, and to supply a statement of the account, if

requested, to the Court.

(6) The guardian of the minor’s property shall notify

the Register’s Office of any address or phone number

change within 30 days of occurrence.

(d) Filing Petition. A petition for appointment of a

limited or plenary guardian of the property of a minor may

be filed in the Court of Chancery. If the minor will receive

property by reason of an award entered in a case pending

in another court in the State of Delaware, a petition for

appointment of a limited or plenary guardian for the

property of a minor may be filed in that court and may be

transferred to the Court of Chancery pursuant to 12 Del. C.

§ 3901(k) if necessary for administration of the

guardianship.

(e) Contents of Petition. A petition filed in the Court

of Chancery for the appointment of a guardian of the

property of a minor shall be verified and shall set forth:

(1) The name and age of the minor for whom

guardianship is sought, including the date on which the

minor will reach the age of majority;

(2) The name and address of the petitioner and the

petitioner’s relationship to the minor child;

(3) The names and addresses of all interested parties,

which shall include the minor child’s natural or

adoptive parents, grandparent(s) if any parent(s) are

deceased, any court-appointed guardian, any attorney

who has represented the minor child within the last two

years, and any siblings who have reached the age of

majority. If the petitioner does not know and cannot

learn the address of an interested party required to

receive notice, the petitioner shall submit an affidavit

describing petitioner’s efforts to locate the interested

party. Efforts may include performing an internet

search, speaking to mutual acquaintances, and

attempting to contact the interested party through any

known means including electronic means;

(4) The value and source of the property to be received

by the minor, including any supporting documentation

regarding the value and source of the property;

(5) The petitioner’s consent to the appointment of the

Register in Chancery as her agent for the acceptance of

service of process on behalf of the petitioner as to any

claim arising out of the guardianship if, by reason of the

guardian’s absence from the state, she cannot

personally be served; and

(6) The petitioner’s acknowledgement that the

minor’s funds may not be expended without order of the

Court.

(f) Annexed Documents. The following documents

shall be annexed to any petition for appointment of a

guardian of the property of a minor:

(1) A birth certificate of the minor.

(2) An affidavit of petitioner’s history and personal

information sheet, in the form provided for by the

Court.

(3) The verified consent of all interested parties, along

with the verified consent of the minor, if, at the time the

petition is filed, the minor is 14 years of age or older. If

consents cannot be obtained, the petition must be sent

to all interested parties by certified mail, along with

notice that any objection to the petition must be

submitted within 13 days.