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Affidavit (Of Attorney Explaining Fiduciary Duties To Guardian) Form. This is a Delaware form and can be use in Chancery Court Statewide.
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Tags: Affidavit (Of Attorney Explaining Fiduciary Duties To Guardian), Delaware Statewide, Chancery Court
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A person with an alleged disability : : : : C.M. # A TTORNEY AFFIDAVIT TO EXPLAIN FIDUCIARY DUTIES TO THE PROPOSED GUAR DIAN(S) I, , Esquire, being duly sworn according to law, deposes and says as follows: 1. I am the attorney of record in the above - captioned matter and that the information contained herein is true and correct. 2. I am a n act ive member of the Delaware Bar. 3. I represent the Petitioner(s), . 4. I have explained to the proposed guardian (s) his/her duties upon appointment as guardian of the person and property of the person with an alleged disability as set forth in 12 Del. C. 247 3901 e t seq. 5. I have explained to the proposed guardian (s) that he/she is to make decisions concerning the care of the person with an alleged disability based upon what is in the best interest of the person with an alleged disabil ity and not based upon his/her person al interest. Rev. 4/2018 American LegalNet, Inc. www.FormsWorkFlow.com 6. I have explained to the proposed guardian (s) that he/she is only to use the assets of person with an alleged disability for the benefit of the person with an alleged disability and not for his/her own benef it or for the benefit of any other person. 7. I have explained to the proposed guardian (s) that he/she may be required to file an inventory with the Court of the assets of the person with an alleged disability within thirty days of his/her appointment as guar dian, pursuant to 12 Del. C. 247 3921. 8. I have explained to the proposed guardian (s) that he/she may be required to file accounting s with the Court each year and at such times thereafter as required by the Court, pursuant to Chancery Rule 114 and 12 Del. C. 247 3 941, 3943 unless the Court waives this requirement . 9. I have explained to the proposed guardian (s) that he/she will be required to sign a bond with the Court within seven days upon his/her appointment as guardian, pursuant to 12 Del. C. 247 3905. 10. I have expla ined to the proposed guardian (s) that he/she will be required to open a guardianship account and to transfer all of the assets of the person with a disability into the guardianship account upon appointment as guardian unless the Court waives this requireme nt . American LegalNet, Inc. www.FormsWorkFlow.com 11. I have explained to the proposed guardian (s) that he/she will be required to file an annual update and medical statement with the Court, pursuant to Chancery Rule 180 B. 12. I , as t he attorney for the Petitioner(s) , understand that I may be required to fil e a proof of compliance with the Court of the opening of the guardianship account within thirty days of appointment as guardian to demonstrate that the guardianship account has been properly opened, unless the Court waives this requ irement . 13. I have provided a copy of this affidavit to the proposed guardian(s). Date signature block and Bar ID) STATE OF DELAWARE : COUNTY OF : This instrument was acknowledged before me on this day of , 20 by [Name of affiant] . Notary Public American LegalNet, Inc. www.FormsWorkFlow.com