Minors Plenary Guardianship Petition Form. This is a Delaware form and can be use in Chancery Court Statewide.
Tags: Minors Plenary Guardianship Petition, Delaware Statewide, Chancery Court
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green Dover, DE 19901 302-735-1930 Register in Chancery New Castle County 500 N. King Street, St. 1551 Wilmington, DE 19801 302-255-0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302-856-5775 COSTS INVOLVED & GENERAL INFORMATION ON ACTING AS A PRO SE LITIGANT Petition for Appointment of Guardian(s) of a Minor's Property (Limited and Plenary) You have elected to proceed without an attorney (pro se) to file a petition for guardianship. Our office wants you to be completely aware of the fees that are associated with this type of filing. The initial filing fee of $135.00 and an additional $2.00 per page scanning fee is required at the time you file your petition with our office. Note, we charge a $1.50 per page for any documents that you may need photocopied. You may choose to pay by either cash or check. Checks are to be made payable to "Register in Chancery." Delaware law and the Court's rules allow for the appointment of either a "limited" guardian or a "plenary," or unrestricted, guardian. You should decide what type of guardianship is needed in your case. The following guidelines may be of assistance: No guardian is necessary if the amount the minor will receive is equal to or less than $25,000, including any associated costs, expenses, and attorneys' fees. Even when the value of the property or funds the minor is entitled to receive is equal to or less than $25,000, a guardian may be needed to secure the property. For example, the insurance company may require a guardian before it will release funds, or property gifted to the minor may need to be sold, necessitating appointment of a guardian to complete the sale process. In that case, a limited guardian may be appointed. The "limited guardian" acts only for a specified period of time, and the guardianship automatically terminates when the guardian files proof with the Court that the guardian has performed his or her duties under the Court's order. Typically, this would mean that a guardian is appointed to take possession of the funds or property and secure them in an appropriate account, or take possession of property and complete the sale of the property. Once the guardian files proof that those tasks are completed, the guardianship terminates and the case is closed. o When the value of the property or funds the minor is entitled to receive is equal to or less than $25,000, the guardianship would terminate when the funds are placed in a Uniform Transfers to Minors Act Account, also called a "custodial" account. The guardian must file proof that the account was opened, and must execute and file with the Court an affidavit attesting to the guardian's understanding of his or her obligations as custodian of the account. American LegalNet, Inc. www.FormsWorkFlow.com o When the value of the property or the funds the minor is entitled to receive is more than $25,000, a limited guardianship may be established if the funds are placed in an annuity or structured financial instrument for the benefit of the minor. A plenary, or unrestricted, guardianship is one that lasts until the minor turns 18 years old and files a petition to transfer funds at majority. Until the guardianship terminates, the funds must be held in a specially-titled guardianship account. Under a plenary guardianship, the Court will continue to monitor the account, will require the guardian to file annual bank statements, may require the guardian to file an accounting, and will restrict the account so that the funds cannot be spent except with a Court order. There also are restrictions regarding the bank where a guardianship account may be opened. When filing a Petition for the Appointment of a Guardian of a Minor's Property, whether for limited guardianship or plenary guardianship, you will need to submit the following documents to our office: 1) The complete petition with the petitioner's signature notarized. 2) The minor's birth certificate. 3) An affidavit of petitioner's history. 4) A personal information sheet. 5) Notice to the next-of-kin (i.e. the other parent, siblings over the age of eighteen or grandparents if immediate family is no longer living). a. Notarized consents or b. If you are unable to obtain a consent, notice will need to be sent by certified mail. You will then need to complete the enclosed affidavit of mailing and file the green cards with our office. 6) If the money is being received due to someone's death, the death certificate will need to be filed. 7) If the money is being received through a life insurance policy, a letter needs to be filed from the insurance company to show that the minor is due to receive money. 8) If the minor is over the age of fourteen, he/she will need to sign a consent to the petition, with their signature notarized. Should your petition to become guardian(s) be granted, you will receive additional documents and information from the Court. Among other things, you will be required to execute a bond in an amount set by the Court. Please Note: There is additional information and forms available on the Court's website at http://courts.delaware.gov/Chancery/guardianship/index.stm American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: : : : : : C.M. # _______________ __________________________, A Minor PETITION TO APPOINT PLENARY GUARDIAN(S) OF A MINOR'S PROPERTY Petitioner(s), __________________________________________, represents: 1. Information about Petitioner(s) (You are the Petitioner): a. Current address(es): _____________________________________ ______________________________________________________ _______________________________________________________ b. Telephone Number(s): ___________________________________ c. Relationship to the minor: _________________________________ 2. Information about the minor: a. Age: ________ Minor turns 18 on: ________________ b. Date of birth: ___________________ c. Current address: ________________________________________ ______________________________________________________ 3. The interested parties who are entitled to notice of the petition are the following (include parents (natural or adoptive), court appointed guardians, any attorney who represented the minor child in the previous American LegalNet, Inc. www.FormsWorkFlow.com two years, siblings over the age of 18, and grandparents if one parent