Rule 176. Attorney Ad Litem; Court Representative

(a) Attorney Ad Litem. The Court may appoint a member of the Delaware Bar to represent a minor, a Person with an Alleged Disability, a Subject Person, or a Principal (the "Represented Person"). The Court may act on a party's motion, its own motion, or routinely upon the filing of a petition.

(1) Duties. An attorney ad litem must pursue the best interests of the Represented Person. An attorney ad litem must reasonably investigate the petition's allegations and all pertinent facts, explain the proceedings to the Represented Person, and inform the Represented Person of their rights. The Court may impose additional or different duties by order.

(2) Notice. An attorney ad litem must give and receive notice on behalf of the Represented Person. Unless the court directs otherwise, an attorney ad litem must provide the Represented Person with actual notice of any hearing at least 10 days in advance.

(3) Conflict. If the attorney ad litem's view of the Represented Person's best interests differs from the Represented Person's wishes, then the attorney ad litem must advise the Court. The Court may appoint a second attorney to pursue the Represented Person's wishes.

(b) Court Representative. The Court may appoint a court representative to investigate the petition's allegations and all pertinent facts.

(c) Report. The Court may direct the attorney ad litem or court representative to file a report and recommendation as directed in an order of the Court.

(d) Compensation. A court representative or an attorney ad litem may receive an award of compensation, including reimbursement of expenses. Either may be waived.

(1) Determining and Apportioning the Award. A court representative or an attorney ad litem may bill for time at standard hourly rates, record expenses, and move for an award when services are complete. Unless the Court orders otherwise, the petitioner seeking relief from the Court must pay the attorney ad litem's fee within 30 days of an order approving the fee.

(2) Attorney Ad Litem—Award in Uncontested Case.

(A) The attorney ad litem's award may not exceed $750 in an uncontested case. But if the Court orders the attorney ad litem to address an objection, and the action does not become contested, then the award may not exceed $1,000. The Court may award a different amount for cause.

(B) The petitioner must pay the award within 30 days after Court approval, unless the Court apportions the fee differently or specifies a different time for payment.

(3) Attorney Ad Litem—Award in Contested Case. The attorney ad litem's award may not exceed $3,500 in a contested case, except for cause.

(4) Motion Seeking Award . The motion must be filed not later than 20 days after the Court resolves the merits. The motion must comply with Rule 88 and address who should pay the award. The motion must include a form of order that specifies the amount of the proposed award and the proposed allocation of responsibility for payment.

(5) Cause. Whether to approve a greater fee under this rule is a matter within the Court's discretion. The Court may consider, among other relevant factors, the amount of time and attention given by the attorney ad litem, the novelty and difficulty of the questions presented, the resources available to pay the fees and costs, and the benefit provided to the Represented Person by the attorney ad litem's service. History. Amended, effective July 28, 1978; Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018; Jan. 15, 2021, effective Jan. 29, 2021; Sept. 23, 2025, effective Sept. 30, 2025.