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Final Order (Accountings Waived Guardianship) Form. This is a Delaware form and can be use in Chancery Court Statewide.
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Tags: Final Order (Accountings Waived Guardianship), Delaware Statewide, Chancery Court
1 IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A person with a disability : : : : C.M. # FINAL ORDER FOR APPOINTMENT OF CO - GUARDIAN S OF THE PERSON AND PROPERTY WHEREAS, on a hearing was held on the guardianship petition ; WHEREAS, Petitioner s and are the of with a disability interested party(ies) has/have waived notice and consented (agreed) to or has/have received notice through certified mail on the appointment of and as co - guardian s of the person a nd property of the person with a disability ; WHEREAS, , Esquire, the previously appointed attorney ad litem for the person with a disability , has filed his/her report; WHEREAS, the Court having reviewed the p eti tion and affidavits, considered the medical report, and considered the statements made and evidence presented at the hearing, finds that is a person with a disability by reason of mental or physical incapacity. By reason there of , American LegalNet, Inc. www.FormsWorkFlow.com 2 such person is unable to properly manage and/or care for his/her person and property without a guardian and is in danger of substantially endangering his/her health , becoming subject to abuse by other persons , becoming the victim of designing persons a nd/or is in danger of dissipating or losing such property by becoming the victim of designing persons. IT IS HEREBY ORDERED, this day of , 20, as follows: 1. and , acting jointly or individually, are hereby appointed co - guardian s of the person and property of , a person with a disability . 2. Before entering upon their duties as guardian s pursuant to this Order, and shall each execute a bond to be taken in the name of the State of Delaware in the amount of $ with/without surety as a condition for the faithful performance of their duties as guardian s , and shall be filed within seven (7) days of the date of this Order. No copy of the final order will be released until the bond s are filed. Any person or entity presented with a valid order from the Court may use that order as proof that the bonds have been executed and filed. American LegalNet, Inc. www.FormsWorkFlow.com 3 3. The guardian s appointed herein are gran ted such powers, rights and duties which are necessary to protect, manage and care for the person and property of the person with a disability as provided for in 12 Del. C., Ch. 39. 4. The guardians are authorized to apply to become, or continue to act, as th e representative payee(s) for social security benefits. 5. The guardian s shall file an annual update and medical statement with the Register in Chancery every year , which is due on or before the first business day of the calendar quarter in which the guardia n s w ere appointed. The annual update and medical statement shall include the current mailing address of the person with a disability and the guardian s , and a current medical statement from an approved medical practitioner setting forth the current medical status of the person with a disability and addressing the need for continued guardianship. 6. The guardian s are required to pay $ to , Esquire, within thirty (30) days of the date of this order, for his/her services as the att orney ad litem for the person with a disability . The attorney ad litem is hereby discharged from further service as attorney for the person with a disability . 7. The Register in Chancery of this Court is appointed agent of the guardian s to accept service of process on behalf of the guardian s as to any claim arising out of American LegalNet, Inc. www.FormsWorkFlow.com 4 the guardianship if, by reason of the guardians absence from this State, they cannot be served. 8. In the event of the death of the person with a disability , the guardian s shall notify the Office of Register in Chancery within ten (10) days. 9. If the person with a disability becomes Medicaid qualified, the guardians shall provide proof of that qualification and a copy of any signed trust instrument within thirty (30) days. 10. An order from the Court of Chancery is required to authorize the opening of any safe deposit box of the person with the disability and to sell or encumber any real property of the person with a disability . 11. The guardian s are rel ieved of the requirement of opening a guardianship account, filing an inventory and filing annual accountings. However, if the person with a disability earns more than $1,000.00 in any given month, other than Social Security benefits, the guardian s shall r eport the earnings to the Court within thirty days for further review. If, in the future, the guardian s come into possession of additional funds or property belonging to the person with a disability or the person with a disability becomes gainfully employe d, the guardian s shall notify the Court and account for such funds or property as the Court may then direct. Chancellor/Vice Chancellor/Maste r American LegalNet, Inc. www.FormsWorkFlow.com