Rule 180. Guardian of Property of a Minor

(a) Threshold for Guardianship. Pursuant to 12 Del. C. § 3901(b) and (l), no petition to appoint a guardian of a minor's property is required if the minor will receive property or funds of $25,000 or less, inclusive of costs and attorneys' fees, except that a limited guardian may be appointed under subsection (b)(2) of this rule, if necessary.

(b) Petition for Limited Guardianship of Minor's Property.

(1) If a minor is entitled to receive property or funds of more than $25,000, inclusive of costs and attorneys' fees, a petition shall be filed to appoint a limited guardian of the minor's property, as provided in 12 Del. C. § 3901(l). The limited guardianship shall terminate, and the guardian shall be released from the bond, upon the filing of proof that the minor's funds were placed in an annuity or structured financial instrument for the benefit of the minor. Such annuity or structured financial instrument shall provide for payment of funds to the minor no earlier than the date the minor reaches majority, and shall prohibit the encumbrance, liquidation, sale, or other transfer of the policy before such time. Unless otherwise ordered, proof of the annuity or structured financial instrument shall be filed within 60 days of the entry of the order appointing the limited guardian.

(2) If a minor is entitled to receive property or funds of $25,000 or less, inclusive of costs and attorneys' fees, but a guardian is necessary to obtain, secure, sell, or transfer the minor's property, a limited guardian may be appointed for the purpose of taking such action. The guardian's authority shall be limited by court order. Unless otherwise ordered, the limited guardianship shall terminate, and the guardian shall be released from the bond, upon the filing of proof that the minor's funds were deposited in a custodial account under Title 12, ch. 45 of the Delaware Code.

(3) A petition for limited guardianship shall contain all of the information and annexed documents required by subsections (e) and (f) of this rule.

(4) Before the order appointing the guardian is released by the Court, the guardian shall execute a bond in an amount set by the Court, which shall be no less than the amount due to the minor.

(c) Petition for Plenary Guardianship of Minor's Property. Upon a showing of good cause, a petition may be filed to appoint a guardian of a minor's property for the term of the minority.

(1) In addition to the items set forth in subsections (e) and (f) of this rule, such petition also shall set forth the reasons why plenary guardianship is necessary, including why the guardian expects to need access to the minor's funds during the term of the minority.

(2) Upon Court approval of a petition for appointment of a plenary guardian of the property of a minor, and before the final order is released by the Court, the guardian shall execute a bond in the amount set by the Court. The guardian and her attorney, if any, shall then open an account at a banking institution with at least one Delaware branch, which account shall be titled to indicate that withdrawals may not be made without Court order. The guardian's attorney, or the guardian if she is not represented by counsel, shall file proof of compliance within 30 days of entry of the final order, demonstrating that the guardianship account was opened and properly titled.

(3) The guardian shall file a bank statement annually on January 15, showing the current balance in the guardianship account.

(4) The Court may require a guardian to account for all funds expended from the guardianship account.

(5) The Register's Office may from time to time inspect any account established for the benefit of the minor, and the financial institution holding said account(s) is authorized and directed to allow said inspection, and to supply a statement of the account, if requested, to the Court.

(6) The guardian of the minor's property shall notify the Register's Office of any address or phone number change within 30 days of occurrence.

(d) Filing Petition. A petition for appointment of a limited or plenary guardian of the property of a minor may be filed in the Court of Chancery. If the minor will receive property by reason of an award entered in a case pending in another court in the State of Delaware, a petition for appointment of a limited or plenary guardian for the property of a minor may be filed in that court and may be transferred to the Court of Chancery pursuant to 12 Del. C. § 3901(k) if necessary for administration of the guardianship.

(e) Contents of Petition. A petition filed in the Court of Chancery for the appointment of a guardian of the property of a minor shall be verified and shall set forth:

(1) The name and age of the minor for whom guardianship is sought, including the date on which the minor will reach the age of majority;

(2) The name and address of the petitioner and the petitioner's relationship to the minor child;

(3) The names and addresses of all interested parties, which shall include the minor child's natural or adoptive parents, grandparent(s) if any parent(s) are deceased, any court-appointed guardian, any attorney who has represented the minor child within the last two years, and any siblings who have reached the age of majority. If the petitioner does not know and cannot learn the address of an interested party required to receive notice, the petitioner shall submit an affidavit describing petitioner's efforts to locate the interested party. Efforts may include performing an internet search, speaking to mutual acquaintances, and attempting to contact the interested party through any known means including electronic means;

(4) The value and source of the property to be received by the minor, including any supporting documentation regarding the value and source of the property;

(5) The petitioner's consent to the appointment of the Register in Chancery as her agent for the acceptance of service of process on behalf of the petitioner as to any claim arising out of the guardianship if, by reason of the guardian's absence from the state, she cannot personally be served; and

(6) The petitioner's acknowledgement that the minor's funds may not be expended without order of the Court.

(f) Annexed Documents. The following documents shall be annexed to any petition for appointment of a guardian of the property of a minor:

(1) A birth certificate of the minor.

(2) An affidavit of petitioner's history and personal information sheet, in the form provided for by the Court.

(3) The verified consent of all interested parties, along with the verified consent of the minor, if, at the time the petition is filed, the minor is 14 years of age or older. If consents cannot be obtained, the petition must be sent to all interested parties by certified mail, along with notice that any objection to the petition must be submitted within 13 days. History. Amended, effective Sept. 19, 2014; Apr. 23, 2018, effective July 1, 2018. Rule 180-A. Involuntary Sterilization Proceedings [Omitted] History. Amended Sept. 23, 2025, effective Sept. 30, 2025. Rule 180-B. Powers and Duties of Guardian All references to guardians in these Rules shall be applicable to guardians for disabled persons appointed under Chapter 39 of Title 12 after July 8, 1993 and to trustees and guardians appointed under former statutes 12 Del. C. Chapter 37 and Chapter 39. All guardians of the person and/or property of any person with a disability shall file a status report with the Register in Chancery each year no later than the first business day of the quarter in which the guardian was appointed. The status report shall inform the Court of the current mailing address of both the person with a disability and the guardian, and shall provide to the Court a current medical statement from an approved medical practitioner setting forth the current medical status of the ward and addressing the need for a continued guardianship. The status report shall be in the form provided by the Court, except the Office of the Public Guardian may provide its own review form, subject to the Court's approval. History. Amended, effective Apr. 1, 2003; Dec. 15, 2014, effective Jan. 1, 2015; Jan. 15, 2021, effective Jan. 29, 2021. Rule 180-C. Termination of Guardianship

(a) Petition to Terminate Guardianship. The guardian, the person for whom a guardian has been appointed, or any interested party may file a petition alleging a sufficient reason why guardianship is no longer necessary and requesting its termination. The Court may make an order for the ascertainment of the truth of the allegation, whether by an examination in open Court, or otherwise. If a hearing is to be held, notice thereof shall be given to the guardian and any interested party as that term is defined in Rule 175(b)(3).

(b) Termination of Guardianship.

(1) If the Court finds that a guardian no longer is necessary due to recovery of capacity of the person with a disability, the Court will make an order terminating the guardianship, restoring to the person with a former disability the care of his or her person or restoring to him or her the property and estate in the custody, possession and control of the guardian, or both, providing for the payment of costs and expenses incurred during the guardianship, and requiring a full accounting from the former guardian of the property of the person with a former disability.

(2) If the Court finds that guardianship is no longer necessary due to availability of other measures and such measures are in the best interest of the person with a disability, the matter may be administratively closed without prejudice. An affidavit shall be filed with the Court specifying the means of substitute decision making to be used, and the consent of the individual responsible for utilizing it.

(3) Upon termination, the Court may provide for the payment of costs and expenses incurred during the guardianship.

(c) Restoration of Property of Minor upon Attaining Majority. If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, the guardianship shall terminate automatically in accordance with 12 Del. C. § 3909 when the minor attains the age of 18 years. The automatic termination of the guardianship of the property shall not relieve the guardian of the duty to account to the Court.

(d) Final Accounting. Under 12 Del. C. § 3941(a), upon removal or resignation of a guardian or upon termination of a guardianship, the guardian shall render a final accounting within 30 days of the removal, resignation, or termination of the guardianship, unless otherwise ordered by the Court. This rule shall not apply if accountings have been waived, unless otherwise ordered by the Court. History. Amended Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025. Rule 180-D. Guardianship Monitoring Program of the Office of the Public Guardian

(a) Guardianship Monitoring Program of the Office of the Public Guardian. The Guardianship Monitoring Program of the Office of the Public Guardian shall, in addition to responsibilities assigned by the Office of the Public Guardian, be responsible for monitoring the Court's guardianship docket. This monitoring shall take the following forms:

(1) Routine Audit of Active Cases. The Guardianship Monitoring Program may perform routine audits of active guardianship cases, without further order of the Court, other than those cases in which the Office of the Public Guardian serves as an appointed guardian. Such audits shall be conducted randomly on an annual basis. The Guardianship Monitoring Program shall have the discretion to determine the number of cases selected for routine audit based on staff availability and other parameters established by the Office of the Public Guardian.

(2) Review and Investigation Upon Court Referral. The Court may, on its own initiative or upon request, refer any guardianship case to the Guardianship Monitoring Program of the Office of the Public Guardian for review or investigation. The Court order referring the case to the Guardianship Monitoring Program of the Office of the Public Guardian shall specify the issues or concerns to be investigated.

(b) Access to Records. The Office of the Public Guardian shall have access to the docket in any active guardianship case without further order of the Court. Except as otherwise noted in the order of referral, any referral of a case to the Guardianship Monitoring Program under Rule 180-D(a)(2) also shall confer upon the Office of the Public Guardian access to all financial records, accounts, banking documents, insurance records and other financial information of a person with a disability, as well as access to all medical records, treatment providers, clinical information, and other healthcare information of the person with a disability.

(c) Reports and Referrals by the Office of the Public Guardian.

(1) If, upon either a routine audit or Court-ordered review of a guardianship case, the Office of the Public Guardian concludes that there is a reasonable basis to suspect that the person with a disability has been the victim of abuse or neglect, the Office of the Public Guardian shall refer the guardianship case to the appropriate state or local agency or agencies for investigation. If, upon either a routine audit or Courtordered review of a guardianship case, the Office of the Public Guardian concludes that there is a reasonable basis to suspect that the person with a disability has been the victim of financial exploitation, the Office of the Public Guardian shall refer the case to the appropriate state or local agency or agencies for investigation.

(2) Whenever the Guardianship Monitoring Program completes a routine audit of a guardianship case, a report summarizing such review shall be filed with the Court. When the Court refers a case to the Guardianship Monitoring Program for review, the referral order shall specify the date on which a written report shall be filed. Such report shall contain a detailed summary of the investigation conducted by the Guardianship Monitoring Program, any facts obtained through such investigation, any referral(s) made to another agency for further investigation, and any recommendation for immediate action by the Court. Reports of the Guardianship Monitoring Program shall be filed by the Guardianship Advocacy Director, are confidential, and interested parties will not receive copies of the report except by approval of the Court.

(d) Testimony. A representative of the Guardianship Monitoring Program shall be available upon request of the Court or any interested party to testify regarding the review or investigation conducted by the Guardianship Monitoring Program. History. Added, effective Oct. 1, 2013; Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025.