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Petition for the Appointment of Guardianship of a Disabled Person

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Petition for the Appointment of Guardian of the Person and/or Property

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

In the Matter of: AN ALLEGED DISABLED PERSON

Petitioner represents:

1. Information about Petitioner (You are the Petitioner):

a. Current address:

b. Telephone No.: c. Social Security No.:

d. Relationship to alleged disabled person:

2. Information about the alleged disabled person whose name is:

a. Age: b. Date of birth:

c. Current address:

d. Permanent address:

e. Current mailing address, if different from above

f. If the alleged disabled person is a patient/living at a hospital or an institution,

i. Admission date

ii. Admitted by

iii. Reason(s) for admission:

3. Who is paying the alleged disabled person's expenses AND out of what funds?

4. The married status of the alleged disabled person is: (Check one)

5. The next of kin of the alleged disabled person are: [The next of kin is/are the person(s) who would be entitled to inherit the alleged disabled person's estate if the alleged disabled person died without having a will]:

Complete the table below with respect to next of kin.

NEXT OF KIN NAME RELATIONSHIP TO ALLEGED DISABLED PERSON ADDRESS OF NEXT OF KIN NEXT OF KIN'S AGE

6. The alleged disabled person is believed to have made a Will that is located at in the custody of

7. Has the alleged disabled person ever appointed a Power of Attorney?

If "YES", name of the Power of Attorney:

8. Has the alleged disabled person been represented by a Delaware attorney within 2 years of filing this Petition?

If "YES" briefly explain and include the years of service:

9. Has the alleged disabled person ever been a member of the military?

10. In detailed information, explain why it is necessary for the Court to grant you Guardianship.

11. In the opinion of the Petitioner, will notifying the alleged disabled person that this Petition is being filed, likely result in harm to the alleged disabled person's health? (Check one)

12. List ALL alleged disabled person’s assets: (Attach additional pages if necessary.)

PROPERTY ESTIMATED VALUE RETAIL VALUE IF OWNED JOINTLY NAME AND ADDRESS OF JOINT OWNER
Cash
Bank accounts
Stocks
Home/real estate
Other:

13. List ALL believed current sources of income for the alleged disabled person: (Attach additional sheets if necessary).

BENEFIT OR SOURCE OF INCOME AMOUNT WHEN RECEIVED HOW OFTEN RECEIVED
Business, profession or self-employment
Social security disability
Other:

14. List ALL debts and monthly expenses of the alleged disabled person: (Attach additional pages if necessary.)

DESCRIPTION OF DEBTS AND MONTHLY EXPENSES, BILLS TOTAL DEBT MONTHLY PAYMENT
Mortgage (taxes, insurance and escrow) or Rent
Water
Electric
Groceries
Transportation other than automobile
Automobile
Other:

15. Check ONLY the statement(s) below that applies to your situation (the one that is true). If both statements are true, check both boxes.

16. ALL of the following statements must be true before the Court of Chancery will consider this Petition. Check ALL the following statements to acknowledge they are true:

Name of attending doctor/physician of alleged disabled person:

Doctor/physician’s office address:

Doctor/physician’s telephone no.:

WHEREFORE, Petitioner respectfully requests that:

a. This Court appoint him/her as Guardian of: (check all that apply):

b. He/she be permitted to serve as Guardian without the necessity of posting surety on the bond.

c. A Preliminary Order be entered to schedule a Hearing and to notify interested parties.

Date:

Petitioner's Signature:

SWORN TO AND SUBSCRIBED before me on this date:

Notary Public or Clerk of the Court:

Enter text

What this Petition Is and when it’s used

The Petition for the Appointment of Guardianship of a Disabled Person is a probate-court filing that asks a judge to appoint a guardian to make personal, medical, or financial decisions for an adult or minor who lacks capacity. The petition typically describes the alleged disability, facts supporting incapacity, the proposed guardian, and the scope of authority requested. Courts evaluate medical evidence, notice to interested parties, and whether guardianship is the least restrictive alternative to protect the person’s health, safety, and assets.

Why this petition matters

Properly completed petitions establish legal authority to make critical decisions, provide a clear court-approved decision-maker, and create required reporting and oversight obligations.

Why this petition matters

Who typically prepares and files this petition

Petitions are commonly prepared by family members, public guardianship agencies, or attorneys representing the proposed guardian.

  • Family members seeking decision-making authority for a disabled relative, often when there is no durable power of attorney.
  • Public or court-appointed guardian programs filing to protect adults lacking capacity and without private representation.
  • Attorneys handling contested guardianship, asset management, or complex medical decision disputes.

Step-by-step: completing the petition

Follow a consistent sequence: prepare documents, attach evidence, serve notice, file with probate court, and attend the hearing.

  • 01
    Prepare petition: Describe disability, requested powers, and proposed guardian.
  • 02
    Attach evidence: Include physician affidavit and medical records where required.
  • 03
    File and pay: Submit to probate court with correct filing fee.
  • 04
    Service and hearing: Serve required parties and appear at the scheduled hearing.

Configuring a digital workflow for the petition

Set up e-filing and electronic signature steps to mirror the court’s required sequence and evidence attachments.

Workflow field name and configuration Setting name and recommended value
Signer authentication method and level Email link for petitioners; SMS or ID check for guardianship filings
Document attachments and labeling Attach medical affidavit, records, and exhibits as separate PDF files
Signature order and roles Petitioner signs first, proposed guardian signs where required
Retention and audit settings Keep full audit trail and final PDF for court filing

How electronic completion and submission typically flow

A standard e-submission path mirrors paper filing: prepare, sign, attach exhibits, authenticate, and submit to the court.

  • Upload: Add petition and supporting PDFs to the workspace.
  • Place fields: Assign signature, date, and initial fields to parties.
  • Authenticate signer: Use email link or stronger verification for reliability.
  • Export & file: Download signed PDF and file per court rules.

Technical considerations for e-signing and e-filing

Confirm the court accepts electronic documents and e-signatures before e-filing; requirements vary by jurisdiction.

  • File formats: PDF or DOCX accepted by most systems
  • Integrations: Works with common cloud storage and case systems
  • Authentication: Email, SMS codes, or advanced ID checks

Common timing and procedural deadlines to expect

Court schedules and service timelines drive the overall timeline; start early to allow medical evaluations and notice periods.

Preparation time:

Collect evidence and draft petition — typically 1–4 weeks.

Notice period:

Most courts require personal service to interested parties before hearing.

Hearing scheduling:

Courts usually set hearings 2–8 weeks after filing.

Temporary orders:

Emergency temporary guardianship can be requested with faster review.

Post-appointment reporting:

Annual reports or accountings may be required after appointment.

Key milestones from filing to guardianship oversight

Track the case across four primary stages to manage filings, service, hearings, and ongoing compliance.

01

Filing and intake

Court receives petition and assigns case number; clerk reviews completeness.

02

Service and notice

Petitioner serves required parties and files proof of service.

03

Hearing and evidence

Judge reviews testimony, medical affidavits, and guardian suitability.

04

Appointment and follow-up

Court issues letters of guardianship and sets reporting requirements.

Common mistakes that delay or jeopardize the petition

  • Incomplete medical affidavits or missing physician statements often trigger continuances or denials by the court.
  • Failure to properly serve all interested persons causes rehearings and may invalidate orders.
  • Vague scope language (e.g., 'all necessary powers') invites court limitation or closer scrutiny.
  • Not proposing a detailed account or bond can lead to interim restrictions or mandatory surety requirements.

Essential information fields the court expects

Petitioner identity: Full name and contact required
Respondent identity: Full name, DOB, current address
Medical evidence: Physician affidavit and summary
Guardian proposal: Name, relationship, and suitability
Financial details: Asset summary and bond proposal
Service proof: Filed proof of notice or affidavit

Potential legal consequences of errors or misconduct

Denial of petition: Court may dismiss application
Civil liability: Guardian subject to accounting obligations
Criminal exposure: Fraud or misuse may lead to charges
Bond forfeiture: Surety may be required and forfeited
Appeals and delays: Contested cases extend timelines
Loss of rights: Respondent may lose decision-making authority

Selected eSignature vendors and core pricing/feature overview

Below is a concise comparison of starting prices and several capabilities relevant to filing and executing guardianship petitions electronically.

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 trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and answers

Common questions about filing, evidence, e-signatures, and court acceptance are addressed below with practical, U.S.-centric guidance.


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