The basic process for adult guardianship in Delaware begins with filing a petition in the Court of Chancery, along with other required paperwork. But even when the process sounds straightforward, the details can become more complicated depending on the person’s condition, finances, family situation, and the information the Court requires. That is why it usually makes sense to speak with an attorney before filing.

In most cases, the petition will need to include personal, medical, and financial information about the disabled adult. A doctor may need to evaluate the person. You may also need to show that efforts were made to locate and notify family members who have an interest in the case. The exact evidence and documentation needed to start a guardianship case can vary depending on the circumstances.

Once the petition is filed, the Court appoints an Attorney Ad Litem to investigate. That attorney will usually interview the petitioner, meet with the disabled adult, and prepare a report for the Court explaining whether guardianship is needed and who should serve. After that, the Court holds a guardianship hearing. Depending on the circumstances, that hearing may be uncontested or may involve objections from other family members.

So, in practical terms, the process usually looks something like this: file the petition, provide the required background information, make efforts to locate and notify family members, work through the Attorney Ad Litem’s investigation, and then appear for the hearing. Whether the matter stays simple or becomes more involved often depends on the family dynamics and the facts of the case.

If you are thinking about filing for guardianship, the next step is usually not to rush paperwork into court. It is to understand what the Court will require and what issues may come up in your particular case. I can help you through the Delaware guardianship process, including preparing the petition and understanding what the Court may require.