Court of Chancery Guardianship Delaware: Process, Hearings, and What to Expect

Why Guardianship Goes Through the Court of Chancery

Delaware routes adult guardianship through the Court of Chancery — an equity court — rather than through a probate court or family court. This distinction matters because Chancery courts have broad discretion to craft tailored remedies. The court can design a guardianship order that addresses your family's specific situation rather than applying a one-size-fits-all framework.

In practice, this means Chancery can (and frequently does) grant limited guardianship that covers only the specific areas where the young adult lacks capacity, leaving their other rights intact. The court can also modify orders as circumstances change — expanding or narrowing the guardian's authority without starting the entire process over.

Filing the Petition

A guardianship case begins when the petitioner files a verified petition with the Register in Chancery in the county where the alleged incapacitated person lives. The petition must include:

• The petitioner's name, address, relationship to the young adult, and their interest in the proceeding
• The young adult's name, age, marital status, domicile, and current residence
• Names and addresses of all interested parties — spouse, next of kin, and agents under any existing POA or advance directive
• A summary of the young adult's assets, liabilities, and estimated annual income
• An affidavit describing efforts to locate any interested parties whose addresses are unknown

Two petition forms are available: Form CM1 for guardianship of person and property, and Form CM13 for guardianship of person only. Both must be accompanied by a notarized physician's affidavit (Form CM2) from an examination within the prior three months.

The Attorney Ad Litem

After the petition is filed, the court appoints an Attorney Ad Litem (AAL) to represent the young adult's best interests. The AAL is independent — they do not work for the petitioner and may recommend against the guardianship if the evidence does not support it.

Under Rule 176 and Form CM14, the AAL must:

• Conduct at least one in-person or secure remote visit with the young adult
• Advise them of the petition's contents, the guardianship process, and the hearing date
• Run an Adult Protective Services background check on both the young adult and the proposed guardian through the Department of Justice
• Interview the proposed guardian, close family members, and any residential facility coordinators
• File a detailed written report recommending whether guardianship is warranted and whether limited guardianship would be more appropriate

If the young adult objects to the guardianship or their expressed wishes conflict with their objective best interests, the court may appoint a second AAL — one to represent the young adult's stated wishes and one to represent their best interests. This dual representation increases costs significantly.

Uncontested Cases

When all interested parties agree to the guardianship and sign a Waiver of Notice and Consent, and the AAL's report supports the petition, the case proceeds as uncontested. The court reviews the petition, physician's affidavit, and AAL report. A Magistrate may issue the Final Order of Appointment without an in-person hearing.

Timeline for uncontested cases: typically 7 to 10 weeks from filing to appointment order. The main variable is how quickly the AAL completes their investigation and files the report.

Contested Cases

Contested cases arise when:

• The young adult objects to the guardianship
• Family members disagree about whether guardianship is necessary or who should serve as guardian
• The AAL recommends against the requested scope of guardianship

Rule 174.1, which addressed mandatory mediation for adult guardianship matters and probate disputes, has been repealed. Contested cases proceed under the Court's current scheduling and hearing procedures. The petitioner must prove incapacity by clear and convincing evidence — a standard that requires evidence producing an abiding conviction that incapacity is highly probable. Contested hearings can take several months and cost thousands in legal fees, especially when dueling AALs or expert witnesses are involved.

The September 2025 Rule Changes

In September 2025, Chancellor Kathaleen St. Jude McCormick signed comprehensive amendments to the Court of Chancery Rules:

• Rules 175-A and 175-B created two new causes of action: standalone capacity determinations (without filing for guardianship) and actions to enjoin or enforce healthcare decision-making
• Rule 176 renamed court-appointed "fact finders" to "court representatives" and updated AAL fee guidelines
• Rule 177 authorized tracked commercial courier services for notice delivery (alongside registered and certified mail)
• Rule 180-D authorized the Guardianship Monitoring Program director to file compliance reports directly to the electronic docket

These changes are significant for families. The standalone capacity-determination option under Rule 175-A and the health-care decision-making proceeding under Rule 175-B let families seek court orders without the full machinery of a guardianship case.

After the Order

The appointment order is not the end of the court's involvement. If the appointment order requires a fiduciary bond, it must be executed and filed within seven days of entry. Property guardians must open a restricted Court of Chancery Guardianship Account, close pre-existing accounts, and file proof of compliance within 30 days. Annual reporting obligations follow for the duration of the guardianship.

For a complete walkthrough of every step — from evaluating whether court action is necessary through post-appointment compliance — the Delaware Adult Guardianship & Alternatives Guide covers the full Court of Chancery process alongside the non-court alternatives that may make it unnecessary.

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