Petition For The Appointment Of A Guardian Of A Person With A Disability

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green , Ste. 208 Dover, DE 19901 302 - 73 5 - 1930 Register in Chancery New Castle County 500 N. King St ., Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Procedures for filing a Petition for the Appointment of Guardian(s) of the Person and Property of a Person with an A lleged D isability The petition must be filled out completely. o The court clerk cannot complete the petition for you. o The petitioner(s) will need to have their signature(s) notarized on the petition, . If you ice with identification and the correct paperwork, your signature(s) can be notarized by a court o The The filing fe e for the petition is $135.00 plus $2.00 per page scanning fee . Payment must be received at the time of filing, or the petition will not be accepted by our office. We accept cash, check or money order (made payable to the If the Re for you, we will charge a $1.50 per page fee . The Court will appoint an attorney to represent the best interest s of the p erson with an alleged disability. The attorney does not represent the petitioner(s). The Court will award the attorney ad litem a reasonable fee for his/her work on behalf of the p erson with an alleged disability. The petitioner is responsible for paying the fu nds of the p erson with an alleged disability. For uncontested matters, the fee can be up to $750.00. Extraordinary cases such as contested petitions or those that require out of state travel or further investigation may exceed $750.00. ( s) is /are responsible for obtaining consents from the interested parties or sending notice of the petition to the interested parties by certified mail. Please review the enclosed instruction sheet for additional instructions on notifying the interested par ties. website at https://courts.delaware.gov/chancery/guardianship/index.aspx . Rev. 0 4 / 20 1 8 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green , Ste. 208 Dover, DE 19901 302 - 735 - 1930 Register in Chancery New Castle County 500 N. King St., Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Guardianship Volunteer Program The Court of Chancery utilizes a volunteer program designed to monitor individuals who have been placed under guardianship and whose care is the responsibility of court - appointed guardians. This important monitoring functio n is coordinated by the Guardianship Monitoring Program of the Office of the Public Guardian, and enables the Court to receive first - hand information about people for whom the Court has ultimate responsibility. The volunteer, designated by the Office of th e Public Guardian, is assigned a case, given necessary information about the case, and makes an appointment to meet with the guardian and p erson with a disability . After the visit, the volunteer fills out a report indicating the status of the p erson with a disability Public Guardian and subsequently viewed by Court staff to determine if further action is necessary. The volunteer is considered an extension of the Of fice of the Public Guardian and the Court and should be treated accordingly. Persons subject to guardianship are very important and they deserve every right and protection available. You should expect to be contacted in the future by a volunteer and your cooperation with scheduling meeting times with the volunteer is greatly appreciated. Thank you in advance for your time and effort. Sincerely, Sherri Hageman, M.S. , Guardianship Advocacy Director Office of the Public Guardian (302) 255 - 1901 or (302) 358 - 0782 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A p erson with an alleged disability : : : : C.M. # PETITION TO APPOINT GUARDIAN(S) OF THE PERSON AND PROPERTY 1. Information about the person(s) who wish(es) to be appointed guardian(s) : a. Name(s): b. Current address(es): c. Telephone Number(s): d. Relationship (s) to p erson with an alleged disability : 2. Information about the p erson with an alleged disab ility : a. Age: b. Date of birth: c. Current address: d. Permanent address: e. If the p erson with an alleged disability is a patient/living at a hospital or an institution: i. Admission date: ii. Admitted by: iii. Reason(s) for admission: American LegalNet, Inc. www.FormsWorkFlow.com 3. The names and addresses of a ny potentially interested party which includes the spouse, any next - of - kin who would be entitled to inherit through the estate of the p erson with an alleged disability if that person died intestate, any person acting for or named by the p erson with an alle ged disability as a fiduciary, executor or beneficiary in a power of attorney or testamentary instrument, or named as an agent in an advanced health care agreement or other health care proxy, any person primarily responsible in the past six months for the care of the person or finances of the p erson with an alleged disability , the administrator or other appropriate individual to contact at any care facility or hospital where the p erson with an alleged disability is currently receiv ing care and the house man ager if the person with an alleged disability is residing in a group home . If an interested party is a minor, please provide the name as the parent or guardian will require notice . Name of i nterested p arty Relationship to p erson with an alleged disability Address and p hone number of i nterested p arty Age Please attach a separate sheet of paper if additional space is needed American LegalNet, Inc. www.FormsWorkFlow.com 4. Who is paying the expenses of the person with an alleged disability and out of what funds? 5. The marital status of the person with an alleged disability is: (check one) Single Married Divorced Widowed 6. Has the p erson with an alleged disability ever executed a Will ? Yes No If yes, the W ill is located at the following address: and is in the custody of the following person/entity: . 7. Has the p erson with an alleged disability ever appointed a Power of Attorney? Yes No . 8. Has the p erson with an alleged disability been represented by a Delaware attorney within the last two years? Yes N o of service: . 9. Has the p erson with an allege d disability ever been a member of the military: Yes No 10. E xplain in detail why the p erson with an alleged disability is in need of a guardian. . American LegalNet, Inc. www.FormsWorkFlow.com 11. E xplain in detail why you should be appointed guardian (s) . 12. In your opinion, will notifying the p erson with an alleged disability that this p etition is being filed likely result in harm to the p erson with an alleged disability ? (check one) Yes No . If es , please explain why . 13. List ALL of the current sources of income for the person with an alleged disability : ( a ttach additional pages if necessary) Benefit or s ource of i ncome Amount When received (e.g . monthly / quarterly) Business (professional or self - employment) Payments received for rental property Interest Dividends from stocks or bonds Pension Social Security * VA Benefits * Disability IRA/401K Annuity payments Gifts Other: *Who is the representative payee for these benefits? American LegalNet, Inc. www.FormsWorkFlow.com 14. List ALL of the assets of the p erson with an alleged disability : ( a ttach additional pages if necessary) Property Estimated Value Retail Value If jointly owned, name and address of co - owner Cash Bank Accounts Stocks/Bonds Mutual Funds Securities/Options Annuities Home/Residence Other real estate Motor vehicles Business Other valuable property (except ordinary household furnishings and clothes) Life Insurance Policy Other: Other: 15. List ALL of the debts and monthly expenses for the p erson with an alleged disability , including any debts incurred for care of legal dependents: ( a ttach additional pages if necessary) American LegalNet, Inc. www.FormsWorkFlow.com Description o