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Co-Guardianship of the Person and Property

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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

IN THE MATTER OF:

: C.M. #

a disabled person

FINAL ORDER FOR APPOINTMENT OF
CO-GUARDIANS OF THE PERSON AND PROPERTY

WHEREAS, on a hearing was held in the above matter ("hearing");

WHEREAS, Petitioners and are the

of (hereinafter called “the disabled person"),

and the disabled person's next of kin has/have waived notice and consented (agreed) to or has/have received notice through certified mail on the appointment of

and as co-guardians of the person and property of the disabled person;

WHEREAS, Esquire, the previously appointed attorney ad litem for the disabled person has been personally served at least ten (10) days before the date of the hearing, or in the alternative has filed a Waiver of Service, and has rendered his/her report;

WHEREAS, the Court having reviewed the Petition and affidavits, considered the medical report, and considered the statements made and evidence presented at the hearing, finds that is a disabled person because he/she is aged, mentally infirmed, and/or physically incapacitated. By reason thereof such disabled person is unable to properly manage and/or care for his/her person and consequently, such disabled person without guardians is in danger of substantially endangering his/her health or becoming subject to

abuse by other persons or becoming the victim of designing persons AND is unable to properly manage and/or care for his/her property and consequently, such disabled person without guardians is in danger of dissipating or losing such property by becoming the victim of designing persons.

IT IS HEREBY ORDERED, this day of 20 as follows:

1. and are hereby appointed co-guardians of the person and property of , a disabled person.

2. Before entering upon their duties as co-guardians pursuant to this Order, and shall execute bonds to be taken in the name of the State of Delaware in the amount of $ each with/without surety as a condition for the faithful performance of their duties as co-guardians, and shall be filed within seven days of the date of this Order.

3. The guardians appointed herein are granted such powers, rights and duties which are necessary to protect, manage and care for the person and property of the disabled person as provided for 12 Del. C., Ch. 39.

4. The co-guardians, shall open one or more bank account(s) at and/or its successors AND shall deposit ALL monies of the disabled person in such account(s). The account(s) shall be entitled “COURT OF CHANCERY, GUARDIANSHIP ACCOUNT FOR DISABLED, and CO-GUARDIANS,WITHDRAWALS ONLY BY ORDER OF THE COURT.”

5. The co-guardians may withdraw up to $ total per month without further notice of the Court. Otherwise, the co-guardians may NOT make ANY withdraws from the account WITHOUT first having a Court Order to do so.

6. A first inventory is due within thirty (30) days of today's date.

7. The co-guardians shall file an accounting of the guardianship accounts at least once every year on the anniversary date of the appointment of the guardians (the date of this Order) and at any other time the Court shall direct as required by the Rules of this Court.

8. The co-guardians shall file a status report with the Register in Chancery every year on the anniversary date of the appointment of guardians (the date of this Order) as required by the Rules of this Court and at any other time the Court shall direct. The status report shall include the current mailing address of the disabled person and both guardians, and the current medical statement from the attending physician setting forth the current medical status of the ward and addressing the need for continued guardianship.

9. In the event of the disabled person's death, the co-guardians shall notify the Office of Register in Chancery within ten (10) days.

10. The co-guardians shall within thirty days submit proof to the Register in Chancery that the terms of this Order have been complied with and the bank account(s) provided for in this Order has/have been opened in accordance with the provisions of this Order.

11. The co-guardians are required to pay $ to Esquire, for his/her services as the attorney ad litem for the disabled person. The attorney ad litem is hereby discharged from further service as attorney for the disabled person.

12. The Register in Chancery of this Court is appointed agent of the co-guardians to accept service of process on behalf of the co-guardians as to any claim arising out of the guardianship if, by reason of the guardians' absence from this State, they cannot be served.


(Vice) Chancellor or Master

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What a Co-Guardianship of the Person and Property Is

Co-Guardianship of the Person and Property is a court-authorized arrangement where two or more individuals share legal authority to make personal and financial decisions for an incapacitated adult or minor. The document typically appears as a verified petition or form submitted to probate or family court and outlines the scope of each co-guardian's powers, decision-making processes, and reporting obligations. It covers personal care (medical, residential) and property management (banking, investments, real property). Courts retain oversight, may require bond or accounting, and state statutes set specific procedures for appointment, removal, and review.

Why Co-Guardianship Matters for Personal and Financial Care

Use a Co-Guardianship of the Person and Property to ensure shared decision-making, reduce unilateral action risk, and provide clear role boundaries for personal and financial care. The document helps satisfy court requirements and creates a record of authority for banks, medical providers, and agencies.

Why Co-Guardianship Matters for Personal and Financial Care

Who Typically Prepares or Signs This Document

Typical users include family members, potential co-guardians, fiduciaries, and probate attorneys involved in guardianship petitions and administration.

  • Adult children and spouses who will share care and financial management responsibilities.
  • Professional guardians or conservators appointed to act jointly with family members.
  • Attorneys, bank trust officers, and medical agents requiring documented authority to transact on behalf.

Step-by-Step: Filing a Co-Guardianship Petition

Follow these sequential steps to prepare and file a Co-Guardianship of the Person and Property petition with the probate or family court.

  • 01
    Prepare Petition: Complete court form describing incapacity, guardianship scope, and proposed co-guardians.
  • 02
    Background Checks: Provide criminal history, reports, and financial disclosures as required by state law.
  • 03
    Notice & Hearing: Serve notice to interested parties and attend the court hearing.
  • 04
    Court Order: Obtain signed order specifying duties, decision rules, and reporting obligations.

Essential Elements to Include in the Document

Key elements in a professional Co-Guardianship of the Person and Property document define roles, scope, decision processes, financial controls, reporting, and court oversight provisions.

Guardianship Scope

Clearly delineates personal care authority (medical, residence, education) and property authority (bank accounts, investments, real estate) so courts and third parties can determine which co-guardian acts on each matter.

Decision Rules

Specifies whether decisions require unanimous consent, majority rule, or role-based division; includes procedures for resolving disputes and emergency decision-making authority and documentation standards.

Financial Controls

Defines financial oversight, spending limits, joint signatory requirements, bonding, and frequency of accountings to protect the ward's assets and satisfy court fiduciary duties and third-party audit rights.

Reporting Obligations

Sets reporting intervals, required account formats, notice to interested parties, and triggers for annual or event-driven status reports to the court, including specific attachments and supporting receipts.

Removal & Amendment

Explains grounds and procedures for removing a co-guardian, modifying authority, or terminating guardianship; includes required motions, notice, court hearing steps, and post-order compliance monitoring.

Third-Party Reliance

Contains language directing banks, healthcare providers, and government agencies on accepting court orders and identifying verification documents to avoid transaction delays and contact points for court clerk verification.

Critical Data Elements to Include

Protected Person: Full name, date of birth, and ID
Co-Guardians: Names, contact info, relation to ward
Scope of Authority: Personal care and property powers
Bond/Insurance: Bond amount and insurance details
Account Information: Bank names and account numbers
Court Details: Case number, court name, filing date

Risks and Legal Consequences of Errors

Unauthorized Actions: Civil liability, surcharge risk
Accounting Failures: Court sanctions, removal possible
Wrongful Transfer: Asset loss, restitution ordered
Late Filings: Fines and court costs
Conflict of Interest: Removal or disciplinary action
Invalid Signatures: Third-party rejection risk

Common Preparation Pitfalls to Avoid

  • Failing to clearly divide powers between co-guardians can cause delays, contested hearings, and conflicting instructions to medical and financial institutions.
  • Incomplete background disclosures or missing financial statements commonly trigger court continuances or require supplemental filings and verification steps.
  • Using inconsistent names or dates across supporting documents leads to identity verification holds and may require amended petitions.
  • Neglecting to provide notice to all interested parties, including creditors and adult children, can result in appeals or overturned orders.

Recommended Digital Workflow Settings

Configure the document workflow to collect signatures, attach supporting records, and route filings to counsel and court clerks.

Field Name and Configuration Options Configuration
Signature Authentication Method and Level Email link, optional SMS code, or KBA per court needs
Field Validation and Required Fields Mark names, dates, and powers as required to prevent incomplete submission
Document Attachment and Indexing Rules Attach medical reports, financial statements, and letters of interest as indexed exhibits
Routing to Counsel and Court Clerk Auto-email completed packet to attorney and file copy to clerk per jurisdiction

Technical Requirements for eFiling and eSign Workflows

Ensure platform supports secure signatures, document storage, and notarization workflows for multi-signer legal forms nationwide.

  • File Formats: PDF and DOCX supported
  • Authentication: Email, SMS, and advanced KBA
  • Integrations: Connect to case management and cloud storage

How the Petition Routing Typically Works

Typical routing: prepare petition, collect signatures and evidence, file with court, and comply with post-appointment reporting.

  • Prepare: Draft petition and attach medical/financial evidence
  • Authenticate: Verify IDs, run background checks as required
  • File: Submit to probate or family court per rules
  • Post-Order: Complete inventories and periodic accountings to court

Time-Sensitive Steps and Common Deadlines

Expect firm deadlines for notice, hearing, inventories, bond filing, and periodic accountings; timelines vary by state and court schedule.

Notice to Interested Parties Deadline:

Typically 14–30 days before hearing, depending on jurisdiction.

Court Hearing Scheduling and Timing:

Hearing set by clerk; may be weeks to months after filing.

Inventory Filing and Initial Accounting Deadline:

Often within 30 to 90 days post-appointment; varies by state.

Bond Posting and Proof Deadline:

If required, bond must be posted before acting on financial matters.

Periodic Accounting Schedule and Requirements:

Quarterly or annual accountings required; court may set specific intervals.

Key Milestones from Filing to Oversight

Key processing stages from filing to ongoing oversight are sequential and often include discovery, hearing, appointment, and supervision steps.

01

Filing Petition

Draft and file petition with required exhibits and notices.

02

Pre-Hearing Review

Court reviews filings and may order evaluations or additional disclosures.

03

Appointment Order

Judge signs appointment order specifying joint powers and any bonding.

04

Ongoing Supervision

Submit inventories, accountings, and court reports per schedule.

Practical Examples of Co-Guardianship Arrangements

Real examples show how co-guardianship divides duties and reduces disputes while meeting court oversight requirements.

Family Co-Guardianship

A married couple appointed co-guardians split medical decisions and financial oversight to prevent unilateral actions and reassure family members.

  • Joint account review and monthly reports.
  • Court required bond and quarterly accountings; the structured reporting reduced creditor concerns and allowed banks to accept joint instruction without separate conservatorship petitions, shortening administrative follow-up and legal fees and avoiding court contests.

Professional and Family Co-Guardians

A court appointed a trusted family member and a professional guardian to share property management, balancing emotional care with fiscal expertise in complex estates.

  • Professional handles investments; family handles daily care.
  • The arrangement gave courts clear accounting, limited family conflicts, and provided creditors and agencies a single point of contact for property matters; it also used court-approved notice templates to streamline processing.

eSignature Vendor Comparison for Guardianship Workflows

Comparing common eSignature vendors for executing and managing guardianship documents, including starting prices and core compliance features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Representative Signer Profiles

Maria Gonzales, Adult Child

Maria serves as co-guardian with a professional conservator to manage her father's medical decisions and investments. She uses the court order to provide banks and providers with verified authority and follows the reporting schedule to maintain transparency and avoid conflicts.

Jordan Blake, Professional Guardian

Jordan acts as a court-appointed professional guardian overseeing asset protection and compliance. He coordinates with family co-guardians, prepares periodic accountings, and ensures all fiduciary duties are met, including bonding, insurance verification, and timely court filings to maintain legal compliance.

Drafting and Administrative Best Practices

Adopt clear drafting and process controls to minimize disputes, accelerate acceptance by third parties, and meet court oversight obligations.

Use precise, narrowly tailored authority language
Avoid broad or ambiguous phrases that permit unilateral actions. Specify which decisions require joint approval, define spending thresholds, and list exceptions for emergencies to give courts and institutions clear rules to follow.
Attach supporting evidence and evaluations
Include medical capacity reports, financial statements, and letters from treating physicians. Sufficient documentation reduces contested hearings and supports the petition during judicial review, improving chances for immediate appointment of co-guardians.
Coordinate with banks and providers early
Provide banks, brokerages, and medical providers with certified court orders and letters of reliance. Confirm each institution's acceptance criteria in advance to avoid transaction freezes and facilitate transfers or benefits enrollment after appointment.
Maintain clear accounting and records
Keep contemporaneous ledgers, receipts, and bank statements. File accountings on schedule, reconcile statements regularly, and archive originals securely. Good records simplify audits, protect co-guardians from liability, and meet IRS and court record retention expectations.

Frequently Asked Questions and Procedural Answers

Common questions about preparing, signing, and filing a Co-Guardianship of the Person and Property petition, and how to resolve typical procedural issues.


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