In the Court of Chancery, a Guardian is a person appointed by the Court to make medical and/or financial decisions for a disabled person. There are three types of guardianships: Guardianship of an adult person, guardianship of an adult person's property and guardianship of the property of a minor child who is under eighteen.
Please use the resources below and on the forms page to learn more about Guardianship in the Court of Chancery.
Petitioning Attorneys’ Fee Request and Notice to Interested Parties
In adult guardianship cases filed in the Court of Chancery, if the petitioner seeks Court approval to pay the petitioner’s attorneys’ fees from an alleged disabled person’s assets, the affidavit of fees must be sent to all interested parties and a certificate of service must be filed with the Court. If the payment of attorneys’ fees is approved by the Court, but the affidavit is not sent to interested parties at least 13 days before the final order is signed by the Court, language will be added to the final order stating the attorneys’ fees may be paid if no objection is filed with the Court within 13 days after notice was sent.
Notice to the Department of Justice for Medicaid Planning
The Court of Chancery no longer requires notice to be sent to the Department of Justice when a petition for Medicaid planning is filed, including all petitions to transfer an asset, petitions to establish a Miller Trust, or petitions to establish a Special Needs Trust. Once a disabled person has become qualified to receive Medicaid, the Court will require proof of such qualification as well as a copy of any signed trust instrument, including Miller Trusts or Special Needs Trusts. All documentation is to be sent directly to the Court of Chancery.
Brochures and Resources:
An Overview of the Guardianship Process
Is Guardianship What I Need? Brochure
Hearing Procedures Brochure
What To Do After the Guardianship Hearing
State of Delaware Resources for the Disabled
State of Delaware Resources for the Elderly
Court petition packs and forms:
Court petition packs and forms