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Preliminary Order (Guardianship Pro Se Only) - Delaware

Preliminary Order (Guardianship Pro Se Only) Form. This is a Delaware form and can be used in Chancery Court Statewide .
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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: : : : : : C.M. # , An alleged disabled person PRELIMINARY ORDER FOR THE APPOINTMENT OF AN ATTORNEY AD LITEM AND TO SCHEDULE THE HEARING AND NOW, TO WIT, on this date, the Appointment of a Guardian of (check all that applies): Property of (Alleged disabled person's name) , the Petition for the Person and/or the hereinafter called "alleged disabled person," filed in this matter having been read and duly considered by the Court, NOW THEREFORE, IT IS ORDERED as follows: 1. A hearing shall be held at the Court of Chancery in (County in which your case was filed) (leave blank) County, Delaware on _____________________________, 20_______, at 9:30 a.m. to determine if the Petitioner(s) should be appointed the guardian(s) of the person and/or property of the alleged disabled person. 2. ____________________________, Esquire, is appointed attorney ad litem for the (leave blank) alleged disabled person. 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. 1 American LegalNet, Inc. 5. The attorney ad litem shall file a report with the Court before noon on this date: _______________________________. (leave blank) 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 (HIPAA) 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; 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. 2 American LegalNet, Inc. 7. At least ten (10) days before the hearing date, the Petitioner(s) 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. The notice must state the time, place and purpose of the hearing. 8. Petitioner(s) must file at the Register in Chancery's Office all certified receipts from the notice(s) mailed to the next of kin no later than two days before the hearing date. _____________________________ Chancellor/Vice Chancellor/Master 3 American LegalNet, Inc.
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