Delaware Guardianship Cost: Filing Fees, Attorney Ad Litem, and Ongoing Expenses

The Filing Fees

The Court of Chancery's fee schedule for guardianship petitions is fixed and non-negotiable. Here is what you pay at filing:

• Petition filing fee: $135
• Docketing/scanning fee: $2 per page for all documents filed
• Administrative deposit: $100 (nonrefundable, covers court costs)
• Technology surcharge: $1.25
• Court security fee: $10

For a standard petition package (petition, physician's affidavit, personal information sheet, and supporting documents), the scanning fee typically adds $30-60 depending on page count. Total initial filing cost for most families: approximately $280-310.

If you cannot afford these fees, you can file an Affidavit in Support of Application to Proceed In Forma Pauperis (Form 257), requesting a fee waiver.

The Attorney Ad Litem Cost

Every guardianship case requires the court to appoint an independent Attorney Ad Litem (AAL) to represent the alleged incapacitated person. This is not optional, and the petitioner typically pays for it.

For uncontested cases where all parties agree and the AAL investigation is straightforward, the standard fee is up to $750. This covers the AAL's home visit, background screening through the Department of Justice, interviews with family members and care providers, and the written report to the court.

Contested cases push AAL costs much higher. If the young adult objects to the guardianship or their wishes conflict with their best interests, the court may appoint a second AAL — one representing stated wishes, one representing best interests. Two attorneys, each billing for investigation, hearing preparation, and testimony, can easily reach $2,000-5,000 or more.

Attorney Fees for the Petitioner

Filing pro se (without an attorney) is permitted. The Court of Chancery provides standardized petition packets for self-represented petitioners, and the filing instructions walk through each form.

Families who hire an attorney for the guardianship petition typically pay $2,000-5,000 for an uncontested case and $5,000-15,000 or more for a contested one. These costs are separate from the court-appointed AAL's fees.

Surety Bond Costs

After the guardianship order is issued, any fiduciary bond required by the order must be executed and filed with the Register in Chancery within seven days. The court will not provide a copy of the final order until the bond is filed.

Bond Without Surety: Required for guardians of the person only and guardians managing restricted estates. Filing fee: $25. No ongoing premium.

Bond With Surety: Required when the guardian manages significant unrestricted assets. A surety company guarantees the bond, and the annual premium is typically 1-3% of the bond amount (which matches the estate value). For a ward with $50,000 in assets, expect an annual surety premium of $500-1,500.

Ongoing Annual Costs

This is where the total cost of guardianship diverges sharply from the one-time cost of executing alternative documents. Every year, guardians face:

Annual Update and Medical Statement (AUMS): Filed on Form CM21 by the first business day of the calendar quarter of the original appointment. Requires a fresh medical certification — meaning an annual doctor's visit for the specific purpose of confirming the ongoing need for guardianship. The office visit copay or out-of-pocket cost adds up over the years.

Financial accountings (property guardians): Detailed records of every transaction in the restricted guardianship account — deposits, withdrawals (check or debit only, no cash), receipts for all expenditures. Many guardians hire an accountant to prepare these filings, adding $500-1,500 annually.

Surety bond renewal: The annual premium continues for as long as the guardianship remains active.

What the Alternatives Cost

For comparison, the non-court alternatives available in Delaware:

• Supported Decision-Making Agreement: $0 (requires two witnesses, no notary)
• Durable Power of Attorney: Notary fee only (~$5-15 per signature)
• Advance Health-Care Directive: $0 (one adult witness required when naming an agent; notarization is not mandatory)
• Representative Payee designation: $0 (SSA administrative process)

None of these alternatives require annual filings, surety bonds, or ongoing physician certifications. None require paying for an attorney ad litem investigation.

The True Cost Comparison

A conservative estimate for an uncontested guardianship in Delaware:

Over a lifetime of guardianship for a young adult, these annual costs accumulate substantially. The non-court alternatives cost under $50 total and carry no recurring obligations.

The Delaware Adult Guardianship & Alternatives Guide includes a court-filing budget planner and a side-by-side cost comparison to help your family make an informed financial decision.

See more Delaware guides →