Last updated: 7/21/2021
Procedures For Filing A Petition To Add A Co-Guardian {CM28}
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Description
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green Dover, DE 19901 302-735-1930 Register in Chancery New Castle County 500 N. King Street, St. 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 to Add a Co-Guardian ~The petition to add a co-guardian must be filled out completely. +The court clerk cannot complete the petition for you. +The guardian(s) will need to have their signature(s) notarized. (If the guardian(s) appear(s) in the Register's office with identification & the correct paperwork, their signature(s) can be notarized by a court clerk in the Register's office.) ~The filing fee for the petition is $60.00 and an additional $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 "Register in Chancery"). ~It is the petitioner's responsibility to provide the Court with photocopies of all supporting documentation. If the Register in Chancery's office makes photocopies for you, we will charge $1.50 per page. ~Included with this packet are an "Affidavit of Mailing" and a "Consent" form. It is the guardian's responsibility to either obtain notarized consents from all of the next-of-kin OR the guardian may list the name(s) and address(es) for them on the affidavit of mailing and mail a complete copy of the petition to those next-of-kin who have not signed consent forms. You will need to mail the petition by certified mail and file a copy of the green card with the Register in Chancery. Please call the respective county in which you filed the petition should you have any questions. American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: __________________________, a disabled person : : : : : C.M. # __________________ PETITION TO ADD A CO-GUARDIAN The Petition of ______________________________ ("Petitioner(s)") for the (Name(s) of current guardian(s) appointment of ______________________________, as co-guardian of the person (Name of person to be added as co-guardian) and property of _______________________, a disabled person, respectfully (Name of disabled person) represents that: 1. Petitioner(s) serve(s) as guardian of the person and property of the disabled person pursuant to the Order of this Court dated ___________________________ . (Date of original guardianship order) 2. ________________________________ is the disabled person's (Name of person to be added as co-guardian) __________________________. (Relationship to disabled person) 3. Petitioner(s) desire(s) the assistance of a co-guardian for the following reasons:____________________________________________________________ __________________________________________________________________ __________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 4. The averments previously made by the Petitioner(s), in the original Petition to this Court, remain accurate in all material respects, except as specifically otherwise herein stated. 5. The amount of the property under the stewardship of the guardian(s) totals $_____________. Attached is/are the current guardianship bank statement(s) in which the assets of the disabled person are held. 6. The disabled person currently receives the following income each month: __________________________________________________________________ __________________________________________________________________ (List the amount of income and the source of the income, i.e. social security, pension, etc.) 7. The guardian(s) Is/Are required to file annual accountings and the last accounting was filed on _______________OR Was/Were relieved of the requirement of filing annual accountings by Court Order dated ______________________________. American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, Petitioner(s) requests that this Court appoint ___________________________________ as co-guardian of the person and property of the disabled person. ____________________________________ Signature of Co-Guardian (if applicable) Address: _____________________ _____________________________ Phone number: ________________ ________________________ Signature of Guardian Address: ______________________ ______________________________ Phone number: __________________ SWORN TO AND SUBSCRIBED before me, a notary/clerk of the Court for the County and State aforesaid, on the _________ day of ____________________, 20_____. ______________________________ Notary Public/Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: __________________________, a disabled person CONSENT TO SERVE AS CO-GUARDIAN I, ______________________________________________________, affirm (Name of person to be added as co-guardian) : : : : : C.M. # __________________ under penalty of perjury that the facts stated in the foregoing Petition for Appointment of a Co-Guardian are true, affirm that I am willing to serve as coguardian of the person and property of the disabled person and ask the Court to grant the relief sought in the petition. __________________________________________ (Signature) Address:___________________________________ ___________________________________ Phone number: ______________________________ SWORN TO AND SUBSCRIBED before me, a notary/clerk of the Court for the County and State aforesaid, on the _________ day of____________________, 20_____. _________________________________ Notary Public/Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: __________________________, a disabled person : : : : : C.M. # __________________ CONSENT TO PETITION TO ADD A CO-GUARDIAN I, ______________________________________________________, whose (Name of next-of-kin) relationship to the disabled person is that of _________________________ hereby (relationship, i.e. mot
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