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DE · rules

Del. Ch. Ct. R. 180-C

Termination of Guardianship

activein force · 2025-09-30 – presentact-effective-date

(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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Del. Ch. Ct. R. 180-C — Termination of Guardianship · binding.law