ProSe Petition for Guardianship Of Minors Property Forms Package Form. This is a Delaware form and can be use in Chancery Court Statewide.
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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green , Ste. 208 Dover, DE 19901 302 - 735 - 1930 Register in Chancery New Castle County 500 N. King St., Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Procedures for filing a Petition for the Appointment of Guardian (s) of the Person of a Person with an Alleged Disability The petition must be filled out completely. o The court clerk cannot complete the petition for you. o The petitioner(s) will need to have their signature(s) notarized on the petition, . If you fication and the correct paperwork, your signature(s) can be notarized by a court o The The filing fee for the petit ion is $135.00 plus $2.00 per page scanning fee . Payment must be received at the time of filing, or the petition will not be accepted by our office. We accept cash, check or money order (made payable to the If the Register in Chanc for you, we will charge a $1.50 per page fee . The Court will appoint an attorney to represent the best interest s of the person with an alleged disability. The attorney does not represent the petitioner(s). The Court will aw ard the attorney ad litem a reasonable fee for his/her work on behalf of the person with an alleged disability. The petitioner is responsible for paying the Extraordinary cases such a s contested petitions or those that require out of state travel or further investigation may exceed $750.00. The petitioner (s) is /are responsible for obtaining consents from the interested parties or sending notice of the petition to the interested part ies by certified mail. Please review the enclosed instruction sheet for additional instructions on notifying the interested parties. website at https://courts.delaware.gov/c hancery/guardianship/index.aspx . Rev. 05 /2018 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green , Ste. 208 Dover, DE 19901 302 - 735 - 1930 Register in Chancery New Castle County 500 N. King St., Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Guardianship Volunteer Program The Court of Chancery utilizes a volunteer program designed to monitor individuals who have been placed under guardianship and whose care is the responsibility of court - appointed guardians. This important monitoring function is coordinated by the Guardians hip Monitoring Program of the Office of the Public Guardian, and enables the Court to receive first - hand information about people for whom the Court has ultimate responsibility. The volunteer, designated by the Office of the Public Guardian, is assigned a case, given necessary information about the case, and makes an appointment to meet with the guardian and person with a disability . After the visit, the volunteer fills out a report indicating the status of the person with a disability and may make recommen Public Guardian and subsequently viewed by Court staff to determine if further action is necessary. The volunteer is considered an extension of the Office of the Public Guardian and t he Court and should be treated accordingly. Persons subject to guardianship are very important and they deserve every right and protection available. You should expect to be contacted in the future by a volunteer and your cooperation with scheduling meeti ng times with the volunteer is greatly appreciated. Thank you in advance for your time and effort. Sincerely, Sherri Hageman, M.S. , Guardianship Advocacy Director Office of the Public Guardian (302) 255 - 1901 or (302) 358 - 0782 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY O F THE STATE OF DELAWARE IN THE MATTER OF: , A person with an alleged disability : : : : C.M. # PETITION TO APPOINT GUARDIAN(S) OF THE PERSON 1. Information about the person(s) who wish(es) to be appointed guardian(s) : a. Name(s): b. Current address(es): c. Telephone Number(s): d. Relationship (s) to person with an alleged disability : 2. Information about the person with an alleged disability : a. Age: b. Date of birth: c. Current address: d. Permanent address: e. If the perso n with an alleged disability is a patient/living at a hospital or an institution: i. Admission date: ii. Admitted by: iii. Reason(s) for admission: American LegalNet, Inc. www.FormsWorkFlow.com 3. The names and addresses of any potentially interested party which includes the spouse, any next - of - kin who would be ent itled to inherit through the estate of the person with an alleged disability if that person died intestate, any person acting for or named by the person with an alleged disability as a fiduciary, executor or beneficiary in a power of attorney or testamenta ry instrument, or named as an agent in an advanced health care agreement or other health care proxy, any person primarily responsible in the past six months for the care of the person or finances of the person with an alleged disability, the administrator or other appropriate individual to contact at any care facility or hospital where the person with an alleged disability is currently receiving care and the house manager if the person with an alleged disability is residing in a group home. If an intereste d party is a minor, please provide the name guardian will require notice. Name of interested party Relationship to person with an alleged disability Address and p hone number of interested party Age Please attach a separate sheet of paper if additional space is needed American LegalNet, Inc. www.FormsWorkFlow.com 4. Who is paying the expenses of the person with the alleged disability and out of what funds? 5. The marital status of the person with an alleged disability is: (check one) Single Married Divorced Widowed 6. Has the person with an alleged disability ever executed a Will ? Yes No If yes, the Will is located at the following address: and is in the custody of the followi ng person/entity: . 7. Has the person with an alleged disability ever appointed a Power of Attorney? Yes No Attorney: . 8. Has the person with an alleged disability been represented by a Delaware attorney within the last two years? Yes No of service: . 9. Has the person with an alleged disability eve r been a member of the military? Yes No 10. A list of the believed assets and estimate d value are the following: 11. A list of the believed current sources of income are the following ( e. g. Social Se curity, Pension): American LegalNet, Inc. www.FormsWorkFlow.com 12. A list of the believed current sources of liabilit ies are listed as the following ( e. g. living expenses, healthcare, medical expenses, other debts): 13. E xplain in detail why the person with an alleged disability is in need of a guardian . 14. Explain in detail why you should be appointed guardian(s) . 15. In your opinion, will notifying the person with an alleged disability that this petition is being filed likely result in harm to the person with an alleged disability? (check one) Yes No 16. All of the following statements must be true before the Court of Chancery will consider this petition. Check all of the following statements to acknowledge they are true: a. There is currently no guardian for the person of the person with an alleged disabil ity . a. The person with an alleged disability is unable to properly manage and care for his/her person and, as a consequence therefore, is in danger of becoming the victim of a de signing person. He/she is in danger of substantially endangering his/her own health or becoming subject to abuse by other persons. American LegalNet, Inc. www.FormsWorkFlow.com b. The person with an alleged disability lives i n the State of Delaware. c. Attached is the Name of attending doctor/physician: d. I/We consent to the Register in Chancery of the Court being my/our agent for acceptance o f service as to any claim arising out of the guardianship if, by I/We cannot be personally served. WHEREFORE, Petitioner(s) respectfully request that: 1. This Court appoint him/her/them as guardian(s) of t