Delaware Guardianship Forms: Filing Checklist for Adult Guardianship

Your parent can no longer manage their finances or make medical decisions, and they never signed a power of attorney. Now you're staring at the Court of Chancery website trying to figure out which forms to download, which court to file in, and how much this is going to cost. Delaware's adult guardianship system isn't intuitive — but it's navigable if you know exactly what's required.

Delaware Doesn't Use "Conservatorship"

First, a critical terminology point: Delaware does not use the word "conservatorship" for adults. The Court of Chancery appoints a Guardian of the Person (medical and personal care decisions) and/or a Guardian of the Property (financial and real estate decisions). If you've been searching for "conservatorship forms" based on what you've seen in other states, you won't find them here.

Where to File

The Court of Chancery has jurisdiction over adult guardianship in Delaware. You file in the county where your parent currently resides:

• New Castle County — Register in Chancery, Wilmington
• Kent County — Register in Chancery, Dover
• Sussex County — Register in Chancery, Georgetown

All filings go through the File&ServeXpress electronic system ($6.00 filing fee plus $8.00 per e-service transaction). Cases must follow the naming convention: "IMO: Last Name, First Name."

Essential Forms and Documents

Here's the complete filing checklist for an uncontested adult guardianship in Delaware:

1. Petition for Appointment of Guardian — The core filing that initiates the case. States who you are, your relationship to the alleged disabled person, why guardianship is needed, and what type you're requesting (Person, Property, or both).

2. Physician's Affidavit (Form CM21) — A licensed physician, psychologist, or psychiatrist must personally examine your parent and complete this form. It must state the clinical diagnosis, detail functional inabilities in activities of daily living, and give a professional opinion on whether your parent can consent to a guardian. The exam must be recent — courts typically require it within the last three months.

3. Personal Information Sheet — Basic identifying information about both the proposed guardian and the alleged disabled person.

4. Affidavit of Proposed Guardian's History (Form CM4) — Your background declaration, including any criminal history, bankruptcies, or prior guardianship involvement.

5. Fiduciary Bond — Required after the court grants the guardianship. If the estate has significant assets, you'll need a "Bond with Surety" (a commercial surety bond purchased from an insurance company). The Register won't release the final certified guardianship order until this is filed.

Filing Costs

For an uncontested guardianship (where family agrees and no one objects), expect these costs:

The court appoints an independent Attorney Ad Litem (AAL) to represent your parent's best interests. The petitioner — you — pays the AAL fee. In uncontested cases, it's capped at $750, but contested matters can exceed this significantly.

The Attorney Ad Litem Investigation

After you file, the court-appointed AAL must visit your parent in person, explain the petition to them, and review their medical history. The AAL is also required to email Adult Protective Services at [email protected] to check for any active or historical abuse or exploitation cases involving either your parent or you as the proposed guardian. The AAL compiles findings into a report for the court.

Post-Appointment Requirements

Getting the guardianship order is only step one. Delaware imposes strict ongoing compliance:

• Within 30 days: Open a restricted bank account titled "Court of Chancery Guardianship Account... Withdrawals Only by Order of the Court" and deposit all of your parent's liquid funds
• Within 30 days: File a detailed inventory of all real and personal property owned by your parent on the appointment date
• Within 9 months: File a comprehensive financial accounting covering the first six months of guardianship
• Annually: File an Annual Accounting (Form CM22) plus an Annual Update and Medical Statement (Form CM21) signed by a physician certifying ongoing need

If your parent qualifies for Medicaid, you must submit proof of qualification and any irrevocable trust (such as a Miller Trust) to the court within 30 days of funding.

Asset Restrictions

As guardian of the property, you cannot unilaterally sell vehicles, open safety deposit boxes, or sell or encumber your parent's real estate. Each of these transactions requires a separate petition and explicit court order. This protects the ward but adds time and cost to every major financial decision.

When Your Parent Dies

You must notify the Register in Chancery within 10 days of your parent's death, file a final accounting within 30 days, and submit a petition to terminate the guardianship within 90 days.

Avoiding Guardianship Entirely

The guardianship system exists because families didn't plan ahead — or couldn't. If your parent still has any capacity to understand legal documents, even during brief lucid intervals, a durable power of attorney and advance health care directive may still be executable. The Delaware Power of Attorney & Guardianship Kit covers both tracks: voluntary planning documents while capacity remains, and a step-by-step guardianship roadmap for when it doesn't.

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