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 Street, Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Ch ancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Procedures for filing a Petition for Appointment of Limited Guardian(s) of a No guardian is necessary if the amount the minor will receive is equal to or less than $2 guardianship is required, 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, a limited guardi 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 pically, 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 tas ks 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 Transfe rs to Minors Act Account, also account was opened, and must execute and file with the Court an obligations as custodian o f the account. 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 mino r. you will need to submit the following documents to our office: 1. The complete petition, the court clerk cannot complete the petition for you. The petitioner(s) will need to have their signature(s) notarized on the petition R ev. 0 6 /2019 Form 100 American LegalNet, Inc. www.FormsWorkFlow.com valid i dentification and the correct paperwork, your signature(s) can be notarized by s Office. 2. 3. 4. Personal information sheet (separate one for each petitioner). 5. Notice to the interested parties (i.e. the other parent, siblings over the age of eighteen or grandparents if immediate family is no longer living). o Notarized consents or o 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. 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 s how that the minor is due to receive money. 8. If the minor is fourteen years or older , he/she will need to sign a consent to the petition, with their signature notarized. used if he/she is not yet eligible to obtain a dr 9. The filing fee for the petition 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 photocopies for you, we will charge a $1.50 per page fee. Should your petition to become guardian(s) be granted, you will receive additional documents and information from the C ourt. Among ot her things, you will be required to execute a bond in an amount set by the Court. website at https: //courts.delaware.gov/chancery/guardianship/index.aspx . American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A Minor : : : : C.M. # PETITION TO APPOINT LIMITED GUARDIAN(S) OF A 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 the minor: 2. Information about the minor: a. Age: Minor turns 18 on : b. Date of birth: c. Current ad dress: 3. The interested parties who are entitled to notice of the pet ition are the following (include parents (natural or adoptive), court appointed guardians, any attorney who represented the minor child in the previous two years, siblings over the age of 18, and grandparents if one parent is deceased or cannot be contacte d): American LegalNet, Inc. www.FormsWorkFlow.com Name of Interested Party Relationship to Minor Address and Phone number of interested party Interested age 4. How much money is the minor going to receive? 5. Where is the minor receiving the money from? 6. The guardian intends t o place the property or funds in: (specif y type of account or instrument where funds or property will be placed and the name of the bank or company ) . American LegalNet, Inc. www.FormsWorkFlow.com 7. The guardian believes that a period of days will be necessary to obtain the funds, place them in a custodial account or structured financial instrument, as applicable, and file proof with the Court. 8. 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 b. c. d. Attached is a letter from the insurance company stating how much the minor is to receive from the life insurance policy OR the death certificate (if the minor will receive funds or property as a result of the death of another person) e. Petitioner(s) consents to the Register in Chancery of the Court being his/her/their agent for acceptance of ser vice on behalf of the Petitioner(s) as to any claim arising out of the guardianship if, by hey cannot personally be served f. American LegalNet, Inc. www.FormsWorkFlow.com placed in a custodial account (for amounts equal to or less than $25,000) or in an annuity or structured financial instrument (for amounts over $25,00 0) for the benefit of the minor g. If the money will be placed in a custodial account, the guardian has executed an affidavit acknowledging his or her obligations in managing that account OR If the money will be placed in an annuity or structured financial instrument for the benefit of the minor, the guardian acknowledges that the instrument must provide for payment of funds to the minor no earlier than the date the minor reaches majority, and must prohibit the encumbrance, liquidation, sale, or other transfer of the policy before such time. WHEREFORE, Petitioner(s) respectfully request that: 1. This Court appoint him/ property. 2. The guardian(s) shall have the au thority to receive $ from the Insurance Company/Estate. If requested, the guardian(s) shall execute a release to the payor for the amount received. 3. The petitioner custodial account, an annuity or structured financial instrument. American LegalNet, Inc. www.FormsWorkFlow.com 4. The Court fix bond for the guardianship without surety in an amount determined by the Court. 5. There be paid by the petitioner(s) the court costs of this petition. Signature of Co - Petitioner Signature of Petitioner Address Address Phone number Phone number STATE OF : COUNTY OF : This instrument was acknowledged before me on this day of , 20 by [Name of affiant]. Notary Public/ Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHAN CERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A Minor : : : : C.M. # I, , a minor fourteen (14) years old or older , hereby consent to the appointment of [name(s) of proposed guardian(s)] as the [specify limited or plenary] guardian of my p roperty. Address: Phone Number: This instrument was acknowledged before me on this day of , 20 by [Name of affiant] . Notary Public/ Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR NOTIFY ING INTERESTED PARTIES OF PETITION FOR GUARDIANSHIP responsibility to notify interested parties when a petition for guardianship is filed with the Court. This includes notifying all of the parties you listed in paragraph three of the guardianship petition. Under Rule 180(e)(3), interested parties entitled to notice include natural or adoptive parents, any court - appointed guardian, any attorney who has represented the