DE · rules
Del. Ch. Ct. R. 180-C
Termination of Guardianship
(a) Petition to Terminate Guardianship. The
guardian, the person for whom a guardian has been
appointed, or any interested party may file a petition
alleging a sufficient reason why guardianship is no longer
necessary and requesting its termination. The Court may
make an order for the ascertainment of the truth of the
allegation, whether by an examination in open Court, or
otherwise. If a hearing is to be held, notice thereof shall be
given to the guardian and any interested party as that term
is defined in Rule 175(b)(3).
(b) Termination of Guardianship.
(1) If the Court finds that a guardian no longer is
necessary due to recovery of capacity of the person with
a disability, the Court will make an order terminating
the guardianship, restoring to the person with a former
disability the care of his or her person or restoring to
him or her the property and estate in the custody,
possession and control of the guardian, or both,
providing for the payment of costs and expenses
incurred during the guardianship, and requiring a full
accounting from the former guardian of the property of
the person with a former disability.
(2) If the Court finds that guardianship is no longer
necessary due to availability of other measures and
such measures are in the best interest of the person
with a disability, the matter may be administratively
closed without prejudice. An affidavit shall be filed with
the Court specifying the means of substitute decision
making to be used, and the consent of the individual
responsible for utilizing it.
(3) Upon termination, the Court may provide for the
payment of costs and expenses incurred during the
guardianship.
(c) Restoration of Property of Minor upon
Attaining Majority. If the only allegation of disability in
the petition for appointment of a guardian was that the
person was a minor, the guardianship shall terminate
automatically in accordance with 12 Del. C. § 3909 when
the minor attains the age of 18 years. The automatic
termination of the guardianship of the property shall not
relieve the guardian of the duty to account to the Court.
(d) Final Accounting. Under 12 Del. C. § 3941(a), upon
removal or resignation of a guardian or upon termination
of a guardianship, the guardian shall render a final
accounting within 30 days of the removal, resignation, or
termination of the guardianship, unless otherwise ordered
by the Court. This rule shall not apply if accountings have
been waived, unless otherwise ordered by the Court.
History
Amended Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
ff61b7fb6e6bfc8f67ec438355ef65378611224643a797edf20159d7255d317d
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