Delaware Adult Guardianship Forms: CM1, CM2, CM13, and What Each One Does

Where to Find Delaware Guardianship Forms

All official guardianship forms are available through the Court of Chancery's website at courts.delaware.gov under the Guardianship section. The court provides downloadable petition packets that include the forms, instructions, and checklists you need to file.

Do not use forms from generic legal document websites. Delaware's Court of Chancery uses its own numbering system and formatting requirements, and forms that do not match the current versions will be rejected at filing.

The Petition Forms

Form CM1 — Petition for Guardianship of Person and Property. This is the standard petition when you are seeking authority over both personal decisions (healthcare, residence, daily care) and financial decisions (bank accounts, income, property). Most families filing for a young adult with disabilities use CM1.

Form CM13 — Petition for Guardianship of Person Only. Use this when the young adult's finances are minimal or already managed through a Representative Payee or ABLE account, and you only need authority over personal care decisions. Person-only guardianship avoids the strict financial reporting requirements that come with property guardianship.

Both petitions must be verified — signed under penalty of perjury — and filed with the Register in Chancery in the county where the young adult resides.

The Physician's Affidavit

Form CM2 — Physician's Affidavit (Cognitive Impairment/Dementia). The physician's affidavit is the medical foundation of every guardianship petition. The examining doctor must have personally evaluated the young adult within three months of the petition's filing date.

The affidavit requires more than a diagnosis. The physician must provide clinical detail showing that the individual has a physical or mental disability that significantly interferes with their ability to make or communicate responsible decisions about healthcare, nutrition, clothing, shelter, safety, or finances. The affidavit must be notarized.

A common mistake: getting the examination done too early. If your filing takes longer than expected and the three-month window passes, you need a new examination and a new affidavit.

The Attorney Ad Litem Checklist

Form CM14 — Attorney Ad Litem Checklist. This form is not one the family fills out — it is the compliance checklist the court-appointed AAL uses during their investigation. Understanding what it requires helps families prepare for the process:

• The AAL must conduct an in-person or secure remote visit with the young adult
• The AAL must run an APS background check through the Department of Justice
• The AAL must interview the proposed guardian, close family, and any facility coordinators
• The AAL must file a written report evaluating whether limited guardianship would be more appropriate than plenary

Knowing this checklist in advance lets you prepare for the AAL's visit — having relevant documents organized, ensuring the young adult is available, and being ready to discuss why alternatives to guardianship are insufficient.

Annual Reporting Forms

Form CM21 — Annual Update and Medical Statement (AUMS). Every guardian — whether of the person, property, or both — must file this form annually. It is due on the first business day of the calendar quarter of the original appointment. The AUMS includes:

• Updated contact information for the guardian and ward
• A report on the ward's current care, residence, and wellbeing
• A fresh medical certification from a physician confirming the ongoing need for guardianship

Form CM22 — Financial Accounting. Property guardians must file periodic financial accountings detailing every transaction in the restricted guardianship account. The first accounting covers the first six months after appointment and is due within nine months. Subsequent accountings follow annually.

Other Important Forms

Form CM5 — Waiver of Notice and Consent. Interested parties who agree with the guardianship can sign this form to waive their right to receive formal hearing notice. When all interested parties sign waivers, the case can proceed as uncontested, significantly speeding the timeline.

Form 257 — Affidavit for In Forma Pauperis. If filing fees present a hardship, this form requests a fee waiver. It is available from the court's general forms page.

Filing Fees

The current fee structure for guardianship petitions:

• Petition filing fee: $135
• Docketing/scanning fee: $2 per page for all filed documents
• Administrative deposit: $100 (nonrefundable)
• Certified copies: $1.50 per page
• Technology surcharge: $1.25
• Court security fee: $10

AAL fees are additional — up to $750 for standard uncontested cases, assessed by the court against the petitioner or the ward's estate.

For a complete walkthrough of the filing process — including a budget planner for all costs and step-by-step instructions for each form — the Delaware Adult Guardianship & Alternatives Guide covers the entire Court of Chancery process.

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