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Preliminary Order Form. This is a Delaware form and can be use in Chancery Court Statewide.
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Tags: Preliminary Order, Delaware Statewide, Chancery Court
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR Please select a county
In the Matter of:
C.M.#
AN ALLEGED DISABLED PERSON
PRELIMINARY ORDER
AND NOW, TO WIT, on this date
, the Petition for the
Appointment of a Guardian of (check all that applies):
the Person and/or
the Property of
hereinafter called "alleged disabled person", filed in this
alleged disabled person's name
matter having been read and duly considered by the Court,
NOW, THEREFORE, IT IS ORDERED THAT:
1.
A Hearing shall be held at the Court of Chancery in Please select a county
county in which the case will be determined
County, Delaware on Friday,
, 20
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at 9:30 a.m. to
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determine if the Petitioner should be appointed the Guardian of the Person and/or
Property of the alleged disabled person.
2.
, Esquire is appointed attorney ad litem for
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the alleged disabled person.
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3.
The Court shall issue notice to the attorney ad litem for the alleged disabled person at
least ten (10) days before the Hearing date pursuant to Chancery Court Rule 176(c)
unless the appointed attorney ad litem files a Waiver of Service upon notification of the
appointment.
4.
The attorney ad litem shall give actual notice of the Petition to the alleged disabled
person pursuant to Chancery Court Rule 176(a) unless the Physician's Affidavit says it
would be detrimental or meaningless to give notice.
5.
The attorney ad litem shall file a report with the Court before noon on this date
.
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6.
Pursuant to the preparation of the report referenced in paragraph “5” of this Order:
a. All physicians, hospitals and other healthcare providers covered under the Privacy
Standards of the Health Insurance Portability and Accountability Act (HIPPA) are
authorized to disclose to the attorney ad litem and shall provide the attorney ad
litem unobstructed access to all medical records, treatment providers, clinical
information and other healthcare information relating to the current mental and
physical health of the Disabled Person [See 45 CFR sec.164.512(e)] that the
attorney ad litem deems necessary for the proper discharge of his/her duties.
b. All said physicians, hospitals and other healthcare providers grant said access
described in paragraph “6a” of this Order to the attorney ad litem without delay;
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c. The attorney ad litem and the said physicians, hospitals and other healthcare
providers are prohibited from using or disclosing the disabled person's health
information for any purpose other than this Guardianship proceeding.
d. The attorney ad litem shall return to the physician(s), hospital(s), and other
healthcare provider(s) or shall destroy all of the health information provided to the
attorney ad litem by the physician(s), hospital(s), or healthcare provider(s)
(including all copies made) at the end of these Guardianship proceedings.
7.
At least ten (10) days before the Hearing date, Petitioner must send notice by certified
mail, return receipt requested, to each next of kin of the alleged disabled person who
did not file a Waiver of Notice and Consent. Notice must state the time, place and
purpose of the Hearing.
8.
Petitioner must file at the Register in Chancery Office all certified receipts from the
notice(s) mailed to the next of kin no later than the Wednesday before the Hearing
date.
(Vice) Chancellor or Master
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