IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware courts require the use of official Court of Chancery guardianship petition packets.
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form required by the Court of Chancery before filing.
The official forms and petition packets are available at
https://courts.delaware.gov/chancery/guardianship/forms.aspx. Do not file this document directly with the court.

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

[COUNTY] COUNTY

In the Matter of:
[WARD FULL LEGAL NAME],
an Alleged [“Disabled Person” ­— 12 Del. C. § 3901(a)(2) / “Minor Child” — 13 Del. C. § 2322],

C.A. No. __________

PETITION FOR APPOINTMENT OF GUARDIAN OF THE [PERSON / PROPERTY / PERSON AND PROPERTY]

Date: [MM/DD/YYYY]

TABLE OF CONTENTS

1. Jurisdiction & Venue ............................................... § 1
2. Defined Terms ........................................................ § 2
3. Parties .............................................................. § 3
4. Factual Allegations .................................................. § 4
5. Guardianship Standards & Requested Powers ............................ § 5
6. Bond & Insurance ..................................................... § 6
7. Reporting & Accounting Obligations .................................. § 7
8. Notices, Consents & Service .......................................... § 8
9. Prayer for Relief .................................................... § 9
10. Verification, Affidavits & Certifications ........................... § 10
11. Proposed Order (Exhibit A) .......................................... § 11
12. Physician / Professional Affidavit (Exhibit B) ..................... § 12
13. Consent of Proposed Guardian (Exhibit C) ............................ § 13

§ 1 JURISDICTION & VENUE

1.1 This Court has subject-matter jurisdiction pursuant to 12 Del. C. §§ 3901 et seq. (guardianship of disabled adults) and/or 13 Del. C. §§ 2322 et seq. (guardianship of minors).
1.2 Venue is proper in the [COUNTY] County because the Alleged [Disabled Person/Minor] (the “Ward”) resides at [WARD ADDRESS] within this County.

§ 2 DEFINED TERMS

For ease of reference, capitalized terms used in this Petition have the meanings set forth below:
“Bond” — The surety bond required under § 6 of this Petition and as mandated by 12 Del. C. § 3906 or as otherwise ordered by the Court.
“Court” — The Court of Chancery of the State of Delaware, [COUNTY] County.
“Petitioner” — [PETITIONER FULL NAME], the individual/entity submitting this Petition.
“Proposed Guardian” — [PROPOSED GUARDIAN FULL NAME] (each, a “Guardian” and collectively, if more than one, the “Co-Guardians”).
“Ward” — [WARD FULL LEGAL NAME], the Alleged [Disabled Person/Minor Child] on whose behalf guardianship is sought.

§ 3 PARTIES

3.1 Petitioner.
(a) Name: [PETITIONER NAME]
(b) Relationship to Ward: [STATE RELATIONSHIP]
(c) Contact Information: [ADDRESS, PHONE, EMAIL]

3.2 Proposed Guardian.
(a) Name: [PROPOSED GUARDIAN NAME]
(b) Relationship to Ward: [STATE RELATIONSHIP OR “Professional Fiduciary”]
(c) Contact Information: [ADDRESS, PHONE, EMAIL]
(d)

3.3 Ward.
(a) Name: [WARD NAME]
(b) Date of Birth / Age: [MM/DD/YYYY / __ years]
(c) Residence: [WARD ADDRESS]
(d) Assets (approx.): $[EST. VALUE]
(e) Income sources: [LIST]

§ 4 FACTUAL ALLEGATIONS

4.1 Incapacity or Need for Guardianship.
(a) The Ward is unable to manage [his/her] personal or financial affairs due to [DESCRIBE DISABILITY, ILLNESS, OR MINORITY], as certified by the physician’s affidavit attached hereto as Exhibit B.
(b) Less restrictive alternatives (e.g., durable power of attorney, advance healthcare directive, representative payee) have been considered and determined to be inadequate or unavailable.

4.2 Property Requiring Protection.
The Ward owns or is entitled to the following assets requiring fiduciary management:
• [REAL PROPERTY ADDRESS/VALUE]
• [FINANCIAL ACCOUNTS]
• [Any anticipated inheritance, settlement, or government benefits]

4.3 Best Interest of the Ward.
Appointment of the Proposed Guardian is in the Ward’s best interest because:
• [STATE REASONS—e.g., familiarity with Ward’s needs, proximity, professional expertise].

§ 5 GUARDIANSHIP STANDARDS & REQUESTED POWERS

5.1 Scope. Petitioner seeks appointment of a Guardian of the [Person/Property/Both] pursuant to the discretion granted under 12 Del. C. §§ 3922 & 3924.
5.2 Powers Sought Over the Person (if applicable).
(a) Authority to decide living arrangements.
(b) Authority to consent to medical, psychiatric, and surgical treatment.
(c) Authority to apply for and manage governmental or insurance benefits.
5.3 Powers Sought Over the Property (if applicable).
(a) Collect, invest, and manage the Ward’s assets consistent with prudent-investor standards.
(b) Execute instruments, deeds, and contracts on behalf of the Ward, subject to Court approval where required.
(c) Commence or defend legal actions in which the Ward has an interest.
5.4 Limited Guardianship. If the Court deems full guardianship unnecessary, Petitioner requests such limited powers as will adequately protect the Ward.

§ 6 BOND & INSURANCE

6.1 Bond Amount. Petitioner proposes that the Guardian furnish a Bond in the penal sum of $[BOND AMOUNT], with corporate surety acceptable to the Court, conditioned as required by 12 Del. C. § 3906.
6.2 Waiver or Modification. Petitioner respectfully requests waiver or reduction of Bond, if justified by (i) placement of assets in a restricted account, (ii) the use of a financial institution as Guardian, or (iii) any other statutory ground.
6.3 Fiduciary Insurance. If Bond is waived, Petitioner proposes that Guardian obtain fiduciary-liability insurance in the minimum amount of $[INSURANCE LIMIT].

§ 7 REPORTING & ACCOUNTING OBLIGATIONS

7.1 Initial Inventory. Within 30 days after qualification, Guardian shall file a verified inventory of the Ward’s estate.
7.2 Annual Accounts. Guardian shall file annual accounts within 30 days after each anniversary of appointment, or at such other intervals as the Court directs.
7.3 Care Plan. Guardian of the Person shall file an initial care plan within 60 days and annual updates thereafter detailing medical, residential, educational, and social arrangements for the Ward.

§ 8 NOTICES, CONSENTS & SERVICE

8.1 Statutory Notices. Petitioner has provided, or will provide upon docketing, notice of the filing of this Petition to the Ward, the Ward’s next of kin, and any interested persons as required by 12 Del. C. § 3903 and Court of Chancery Rule 180.
8.2 Consent of Proposed Guardian. The written consent and acknowledgment of fiduciary duties signed by each Proposed Guardian is attached hereto as Exhibit C.
8.3 Protective Orders. To the extent necessary, Petitioner requests entry of temporary protective orders safeguarding the Ward’s person and property pending final adjudication.

§ 9 PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:
A. Schedule a hearing on this Petition at the earliest practicable date;
B. Enter an Order appointing [PROPOSED GUARDIAN NAME(S)] as Guardian of the [Person/Property/Both] of [WARD NAME];
C. Fix the amount of the Bond at $[BOND AMOUNT] or otherwise as the Court deems appropriate;
D. Grant the Guardian all powers enumerated in § 5 above, together with such additional or limited powers as the Court deems just and proper;
E. Issue any interim protective orders necessary to preserve the Ward’s welfare and estate; and
F. Grant such other and further relief the Court deems equitable.

§ 10 VERIFICATION, AFFIDAVITS & CERTIFICATIONS

I, [PETITIONER NAME], being duly sworn, depose and state under penalty of perjury that I am the Petitioner in the foregoing matter; that I have read the foregoing Petition, know the contents thereof, and certify that the allegations are true and correct to the best of my knowledge, information, and belief.

[PETITIONER SIGNATURE BLOCK]
_________________________________
[PETITIONER NAME], Petitioner

SWORN TO AND SUBSCRIBED before me on this ____ day of __________ 20___.

_________________________________
Notary Public

My commission expires: _____________

§ 11 PROPOSED ORDER (EXHIBIT A)

[Insert form of Order for Court’s convenience, including findings of incapacity, appointment of Guardian, Bond amount, and reporting schedule. Court of Chancery provides model orders that may be adapted.]

§ 12 PHYSICIAN / PROFESSIONAL AFFIDAVIT (EXHIBIT B)

[Attach physician or psychologist affidavit executed within the statutory window (currently 30 days). Must address nature, extent, and expected duration of incapacity.]

§ 13 CONSENT OF PROPOSED GUARDIAN (EXHIBIT C)

[Attach fully executed consent, acknowledgment of fiduciary duties, submission to jurisdiction, and certification that no disqualifying convictions exist.]