Rule 175. Petition for Appointment of Guardian for Adult with an Alleged Disability

(a) Verification. The petitioner must verify a petition for the appointment of a guardian for the person or property, or both, of an adult with an alleged disability (the "Person with an Alleged Disability") under 12 Del. C. § 3901(a)(2)-(3). The verification must state that the petitioner believes the contents to be true under penalty of perjury.

(b) Form. The petition must contain the following information. If information is unknown, the petition must state that, represent that the petitioner has made diligent efforts to obtain the information, and describe those efforts.

(1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Person with an Alleged Disability, or, if not related, the nature of the petitioner's interest in the health and wellbeing of the Person with an Alleged Disability.

(2) Person with an Alleged Disability. The name, age, marital status, domicile, and current residence of the Person with an Alleged Disability, as well as:

(A) if the Person with an Alleged Disability resides in an institution, the name and address of the institution and the date and circumstances surrounding the Person with an Alleged Disability's admission;

(B) if the Person with an Alleged Disability's expenses are being paid by another person, the name of the person and the source of the funds;

(C) if the Person with an Alleged Disability served in the armed forces of the United States, the branch and dates of service; and

(D) if the Person with an Alleged Disability has been represented by a Delaware attorney within the past two years, the name of the attorney.

(3) Interested Parties. The names and addresses of any potentially interested parties, including:

(A) the Person with an Alleged Disability's spouse;

(B) any person who would inherit if the Person with an Alleged Disability died intestate;

(C) any beneficiary in a testamentary instrument;

(D) any person acting for or named by the Person with an Alleged Disability as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive or other health care proxy;

(E) any person primarily responsible in the past six months for the Person with an Alleged Disability's care or finances; and

(F) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons.

(4) Agency Documents. The existence and location of any agency document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy executed by the Person with an Alleged Disability.

(5) Estate Documents. The existence and location of any estate planning document, including any will or trust.

(6) Financial Information. A listing of the Person with an Alleged Disability's:

(A) assets and the probable value thereof;

(B) estimated income; and

(C) obligations and liabilities.

(7) Incapacity. A general allegation that the Person with an Alleged Disability is unable properly to manage their person or property because of a disability, and consequently is in danger of dissipating their property or becoming the victim of designing persons. If an interim guardian is sought, specific allegations demonstrating that the Person with an Alleged Disability is in danger of incurring imminent serious physical harm or substantial economic loss or expense, which may occur before a hearing for the appointment of a guardian may be held.

(8) Specific Authority. If the petitioner seeks specific authority as guardian to use the Person with an Alleged Disability's property for reasons other than the support, care, protection, welfare, and rehabilitation of the Person with an Alleged Disability, to borrow money for the benefit of the Person with an Alleged Disability, or to prepay burial expenses, then the petition must specify the nature of the authority requested and why the petitioner believes the expenditure would be in the best interests of the Person with an Alleged Disability. The form of such request shall follow Rule 178 so far as applicable.

(c) Exhibits. The petition must include the following exhibits:

(1) A form of preliminary order scheduling the matter for a hearing and providing for notice;

(2) a form of final order that includes, as applicable:

(A) a paragraph stating that an order from the Court is required to authorize the opening of any safe deposit box, or to sell or encumber any vehicles or real property, of the Person with a Disability;

(B) language that that a guardian cannot withdraw the full monthly allotment and must pay expenses directly from the guardianship account(s);

(C) language discharging any attorney ad litem;

(D) if an attorney filed the petition on behalf of the guardian, a paragraph stating that the attorney is responsible for ensuring that any guardianship bank account required by the final order is properly opened and that the proof of compliance and inventory are filed within 30 days;

(E) if bond is required, a paragraph stating that the bond must be executed and filed within seven days of the entry of the order and that no copy of the final order, whether certified or not, will be released until the bond is filed; and

(F) a paragraph requiring the guardian to notify the Court of the death of the person with a disability within 10 days of the death;

(3) if the petition is filed by an attorney and unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, an attorney's affidavit confirming the attorney has explained to the proposed guardian the fiduciary duties and responsibilities of a guardian;

(4) a physician's affidavit, executed by a medical or osteopathic doctor authorized to practice medicine within the last three months, using the Court's most recent form, available on the Court's website;

(5) unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, affidavits detailing the proposed guardian's history and personal information in the forms provided by the Court; and

(6) affidavits describing petitioner's efforts to locate any interested party for whom contact information is not provided.

(d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice. History. Amended, effective Nov. 1, 1975; Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018; effective May 19, 2022; Sept. 23, 2025, effective Sept. 30, 2025. Rule 175-A. Petition to Determine Capacity

(a) Verification. The petitioner must verify a petition to determine whether an adult person has capacity (the "Subject Person") under 16 Del. C. § 2506. The verification must state that the petitioner believes the contents to be true under penalty of perjury.

(b) Form. The petition must contain the following information. If information is unknown, the petition must state that the petitioner has made diligent efforts to obtain the information, and describe those efforts.

(1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Subject Person, or, if not related, the nature of the petitioner's interest in the health and wellbeing of the Subject Person.

(2) Subject Person. The name, age, marital status, domicile, and current residence of the Subject Person, as well as:

(A) if the Subject Person resides in an institution, the name and address of the institution and the date and circumstances surrounding the Subject Person's admission;

(B) if the Subject Person's expenses are being paid by another person, the name of the person and the source of the funds;

(C) if the Subject Person served in the armed forces of the United States, the branch and dates of service; and

(D) if the Subject Person has been represented by a Delaware attorney within the past two years, the name of the attorney.

(3) Interested Parties. The names and addresses of any potentially interested parties, including:

(A) the Subject Person's spouse;

(B) any person who would inherit if the Subject Person died intestate;

(C) any beneficiary in a testamentary instrument;

(D) any person acting for or named by the Subject Person as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive, or other health care proxy;

(E) any person primarily responsible in the past six months for the Subject Person's care or finances;

(F) any person who contests the petitioner's position on the Subject Person's capacity; and

(G) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons.

(4) Agency Documents. The existence and location of any agency document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy executed by the Subject Person.

(5) Estate Documents. The existence and location of any estate planning document, including any will or trust.

(6) Nature of Dispute. A detailed explanation of the nature of the dispute, and why the Court must determine the capacity for the Subject Person.

(c) Exhibits. The petition must include the following exhibits:

(1) a form of preliminary order scheduling the matter for a hearing and providing for notice;

(2) a form of final order that includes, as applicable, language discharging any attorney ad litem;

(3) a copy of the determination of a lack of capacity that is in dispute under 16 Del. C. § 2504(b); and

(4) affidavits describing petitioner's efforts to locate any interested party for whom contact information is not provided.

(d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice. History. Added Sept. 23, 2025, effective Sept. 30, 2025. Rule 175-B. Petition to Enjoin or Require Healthcare Decision-Making

(a) Verification. The petitioner must verify a petition to enjoin or require healthcare decision-making for a person (the "Principal") by another (the "Agent") under 16 Del. C. § 2526. The verification must state that the petitioner believes the contents to be true under penalty of perjury.

(b) Form. The petition must contain the following information. If information is unknown, the petition must state that, represent that the petitioner has made diligent efforts to obtain the information, and describe those efforts.

(1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Principal and Agent, or, if not related, the nature of the petitioner's interest in the healthcare decision-making.

(2) Principal. The name, age, marital status, domicile, and current residence of the Principal, as well as:

(A) If the Principal resides in an institution, the name and address of the institution and the date and circumstances surrounding the Principal's admission;

(B) if the Principal's expenses are being paid by another person, the name of the person and the source of the funds;

(C) if the Principal served in the armed forces of the United States, the branch and dates of service; and

(D) if the Principal has been represented by a Delaware attorney within the past two years, the name of the attorney.

(3) Agent. The name and address of the Agent, the relationship of Agent to the Principal, and the source of the Agent's authority.

(4) Interested Parties. The names and addresses of any potentially interested parties, including:

(A) the Principal's spouse;

(B) any person who would inherit if the Principal died intestate;

(C) any beneficiary in a testamentary instrument;

(D) any person acting for or named by the Principal as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive, or other health care proxy;

(E) any person primarily responsible in the past six months for the Principal's care or finances;

(F) any person who contests the petitioner's position on contested decision-making; and

(G) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons.

(5) Agency Documents. The existence and location of any healthcare document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy.

(6) Estate Documents. The existence and location of any estate planning document, including any will or trust.

(7) Nature of Dispute. The nature of the dispute over healthcare decision-making that is at issue and the relief sought.

(c) Exhibits. The petition must include the following exhibits:

(1) a form of preliminary order scheduling the matter for a hearing and providing for notice;

(2) a form of final order that includes, as applicable, language discharging any attorney ad litem;

(3) a copy of the document providing the Agent with authority to act, if there is one, or an affidavit of efforts to secure same, if unavailable; and

(4) affidavits describing petitioner's efforts to locate any interested party for whom contact information is not provided.

(d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice. History. Added Sept. 23, 2025, effective Sept. 30, 2025.