Rule 177. Hearings; Notice; Proof of Service

(a) Hearings. The Court may hold a hearing on any petition for the appointment of a guardian for a person with an alleged disability, to determine capacity, or to enjoin or require healthcare decision-making.

(1) Personal Appearance. The Court may require that the Person with an Alleged Disability, Subject Person, or Principal appear at the hearing.

(2) When Evidence Is Required. At the hearing, the Court may take evidence or, for cause, adjourn the hearing. But if no one at the hearing objects to the relief sought, then the Court may grant it without requiring a further showing.

(3) Relief By Consent. But the Court may forgo a hearing if all interested parties consent to the relief sought, the petitioner has counsel, and the Court determines that a hearing is unnecessary.

(b) Notice. Any party obtaining a hearing must give notice of the date, time, place and purpose of the hearing to:

(1) The other parties;

(2) any Delaware attorney who has represented the Person with an Alleged Disability, Subject Person, or Principal within the past two years; and

(3) all interested parties unless the Court determines that notice to a particular interested party would harm the person that is the subject of the proceeding.

(c) Means of Giving Notice. Notice must be given by registered or certified mail, return receipt requested, or by a courier service that provides real-time tracking of delivery.

(d) Timing of Notice. Notice must be given at least 10 days before the hearing date, unless the Court orders otherwise.

(e) Proof of Service and Notice. The party giving notice must file proof that notice was timely served. History. Amended Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025.