Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Petition For Appointment Of Guardian Of The Person And Or Property Form. This is a Delaware form and can be use in Chancery Court Statewide.
Loading PDF...
Tags: Petition For Appointment Of Guardian Of The Person And Or Property, Delaware Statewide, Chancery Court
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
In the Matter of:
C.M.#
AN ALLEGED DISABLED PERSON
PRO SE PETITION FOR THE APPOINTMENT OF
GUARDIAN OF THE PERSON AND/OR PROPERTY
Petitioner
represents:
your name
1.
Information about Petitioner (You are the Petitioner):
a. Current address:
c. Social Security No.:
b. Telephone No.:
d. Relationship to alleged disabled person:
2.
Information about the alleged disabled person whose name is:
a.
Age:
c.
Current address:
d.
b. Date of birth:
Permanent address:
e. Current mailing address, if different from above
f. If the alleged disabled person is a patient/living at a hospital or an institution,
i. Admission date
ii. Admitted by
iii. Reason(s) for admission:
3.
Who is paying the alleged disabled person's expenses AND out of what funds?
4.
The married status of the alleged disabled person is: (Check one)
American LegalNet, Inc.
www.FormsWorkFlow.com
Single
5.
Married
RELATIONSHIP
TO ALLEGED
DISABLED
PERSON
ADDRESS OF NEXT OF KIN
NEXT OF
KIN’S AGE
The alleged disabled person is believed to have made a Will that is located at
in the custody of
address where will can be found
7.
Widowed
The next of kin of the alleged disabled person are: [The next of kin is/are the person(s) who
would be entitled to inherit the alleged disabled person's estate if the alleged disabled person died
without having a will]: (Complete the table below with respect to next of kin.)
NEXT OF KIN
NAME
6.
Divorce
.
possession of whom
Has the alleged disabled person ever appointed a Power of Attorney?
If "YES", name of the Power of Attorney:
YES
NO
8. Has the alleged disabled person been represented by a Delaware attorney within 2 years of
filing this Petition?
YES
NO
If "YES" briefly explain and include the years of service:
2
American LegalNet, Inc.
www.FormsWorkFlow.com
9.
Has the alleged disabled person ever been a member of the military?
10.
In detailed information, explain why it is necessary for the Court to grant you Guardianship.
11.
In the opinion of the Petitioner, will notifying the alleged disabled person that this Petition is
being filed, likely result in harm to the alleged disabled person's health? (Check one)
YES
NO
12.
List ALL alleged disabled person’s assets: (Attach additional pages if necessary.)
PROPERTY
ESTIMATED
VALUE
RETAIL
VALUE
YES
NO
IF OWNED JOINTLY NAME
AND ADDRESS OF JOINT
OWNER
Cash
Bank accounts
Stocks
Bonds
Mutual funds
Securities
Options
Annuities
Home/real estate
Other real estate
Motor vehicles/automobile(s)
Other vehicles
Business
Other valuable property (except ordinary
household furnishings and clothes)
Life insurance policy amount
Other: _____________________________
Other: _____________________________
3
American LegalNet, Inc.
www.FormsWorkFlow.com
13.
List ALL believed current sources of income for the alleged disabled person: (Attach additional
sheets if necessary).
BENEFIT OR SOURCE OF INCOME
AMOUNT
WHEN RECEIVED
HOW OFTEN
RECEIVED
(one time or
regular)
Business, profession or self-employment
Rent payments
Interest
Dividends from stocks or bonds
Qualified and/or non-qualified
pension and/or retirement plan
Social security retirement
Social security disability
VA benefits
Federal pension (CSRS or FERS)
Disability or private disability
Military pension
IRA
Any other annuity payments
Bank account interest
Gifts
Other: ____________________________
Other: ____________________________
14.
List ALL debts and monthly expenses of the alleged disabled person: (Attach additional pages if
necessary.)
DESCRIPTION OF DEBTS AND MONTHLY EXPENSES, BILLS
TOTAL DEBT
MONTHLY
PAYMENT
Mortgage (taxes, insurance and escrow) or Rent
Water
Sewer
Electric
Gas
Oil
Garbage
Cable television
Telephone
Household items
Household maintenance and repairs (list)
Item: ________________________________
Item: ________________________________
Groceries
Clothing
4
American LegalNet, Inc.
www.FormsWorkFlow.com
DESCRIPTION OF DEBTS AND MONTHLY EXPENSES, BILLS
(cont.)
TOTAL DEBT
(cont.)
MONTHLY
PAYMENT
(cont.)
Health insurance (COBRA)
Medications
Health care
Other out-of-pocket medical and dental expenses for self
Medical and dental expenses for dependents
Laundry and dry cleaning
Cosmetics and toiletries
Hobbies
Barber and hairdresser
Newspaper, magazine subscriptions
Charitable and/or religious donations
Vacation
Entertainment and miscellaneous
Transportation other than automobile
Automobile
Monthly payment:
Repairs and maintenance:
Insurance:
Gasoline:
Life insurance payment
Other: ____________________________
Other: ____________________________
15.
Check ONLY the statement(s) below that applies to your situation (the one that is true). If both
statements are true, check both boxes.
The alleged disabled person is UNABLE TO PROPERLY MANAGE AND CARE
FOR HIS/HER PROPERTY and, as a consequence thereof, IS IN DANGER OF
DISSIPATING OR LOSING SUCH PROPERTY by becoming the victim of
designing person(s).
The alleged disabled person is UNABLE TO PROPERLY MANAGE AND CARE
FOR HIS/HER PERSON and, as a consequence thereof, IS IN DANGER OF
SUBSTANTIALLY ENDANGERING HIS/HER OWN HEALTH or BECOMING
SUBJECT TO ABUSE by other person(s).
16.
ALL of the following statements must be true before the Court of Chancery will consider
this Petition. Check ALL the following statements to acknowledge they are true:
THERE IS CURRENTLY NO GUARDIAN for the Person OR the Property of the
alleged disabled person.
The alleged disabled person is domiciled in the State of Delaware.
5
American LegalNet, Inc.
www.FormsWorkFlow.com
ATTACHED is the medical report of:
Name of attending doctor/physician of alleged disabled person:
Doctor/physician’s office address:
Doctor/physician’s telephone no.:
Petitioner consents to the Register in Chancery of the Court being his/her agent for
acceptance of service on behalf of the Petitioner as to any claim arising out of the
Guardianship if, by reason of the Guardian’s absence from this State, he/she cannot be
personally served.
WHEREFORE, Petitioner respectfully requests that:
a.
This Court appoint him/her as Guardian of: (check all that apply):
Guardian of the Property of the alleged disabled person.
Guardian of the Person of the alleged disabled person.
b.
He/she be permitted to serve as Guardian without the necessity of posting surety on
the bond.
c.
A Preliminary Order be entered to schedule a Hearing and to notify interested parties.
Date
Petitioner's Signature
SWORN TO AND SUBSCRIBED before me on this date:
Notary Public or Clerk of the Court
6
American LegalNet, Inc.
www.FormsWorkFlow.com