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Fill and Sign the Final Order for Appointment of Guardian of the Person and Property Delaware Form

Fill and Sign the Final Order for Appointment of Guardian of the Person and Property Delaware Form

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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF:       , a disabled person : : : : : C.M. #       FINAL ORDER FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND PROPERTY WHEREAS, on a hearing was held in the above-matter leave blank (“hearing”); WHEREAS, Petitioner       is the       of Petitioner's name Relationship to alleged disabled person Error: Reference source not found (hereinafter called “the disabled person”), and the Disabled person's name 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 Error: Reference source not found as Petitioner's name guardian of the person and property of the disabled person; WHEREAS, , Esquire, the previously appointed leave blank 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 Error: Reference source not found is a disabled person because he/she is aged, mentally Disabled person's name 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 guardian 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 a guardian 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: leave date blank 1. Error: Reference source not found is hereby appointed guardian of the person and Petitioner's name property of Error: Reference source not found , a disabled person. Disabled person's name 2. Before entering upon his/her duties as guardian pursuant to this Order, Error: Reference source not found shall execute a bond to be taken in the name of the State Petitioner's name of Delaware in the amount of $ with/without surety as a condition for the leave blank faithful performance of his/her duties as guardian, and shall be filed within seven days of the date of this Order. 3. The guardian appointed herein is 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 guardian, shall open one or more bank account(s) at       and/or its successors AND shall deposit ALL monies of the bank/institution disabled person in such account(s). The account(s) shall be entitled “COURT OF CHANCERY, GUARDIANSHIP ACCOUNT FOR Error: Reference source not found , Disabled person's name DISABLED, Error: Reference source not found GUARDIAN, WITHDRAWALS ONLY Petitioner's name BY ORDER OF THE COURT.” 5. The guardian may withdraw up to $ total per month without further notice leave blank of the Court. Otherwise, the guardian 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 guardian shall file an accounting of the guardianship accounts at least once every year on the anniversary date of the appointment of the guardian (the date of this Order) and at any other time the Court shall direct as required by the Rules of this Court. 8. The guardian shall file a status report with the Register in Chancery every year on the anniversary date of the appointment of guardian (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 both the disabled person and the guardian, 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. The guardian 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. 10. The guardian is required to pay $ to , leave blank leave blank 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. 11. The Register in Chancery of this Court is appointed agent of the guardian to accept service of process on behalf of the guardian as to any claim arising out of the guardianship if, by reason of the guardian’s absence from this State, he/she cannot be served. 12. In the event of the disabled person’s death, the guardian shall notify the Office of Register in Chancery within ten (10) days. ___________________________________ (Vice) Chancellor or Master

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