Pro Se Guardianship Petition Delaware: Filing Without an Attorney

Can You File for Guardianship Without a Lawyer?

Yes. Delaware's Court of Chancery accepts pro se guardianship petitions, and the court publishes standardized form packets designed for self-represented filers. But "allowed" and "straightforward" aren't the same thing. The court holds pro se petitioners to the same procedural standards as attorneys, and a missing form or improper service can stall the case for weeks.

Knowing what the process actually requires — forms, fees, deadlines, and the things the form instructions don't make obvious — saves time and reduces the risk of a rejected filing.

Filing Fees and Fee Waivers

The standard filing fee for a guardianship petition in the Court of Chancery is $135, plus a $2.00 per-page scanning fee for documents submitted in paper form.

Families who cannot afford the filing fee can petition to proceed In Forma Pauperis (IFP) using Form 257, the Affidavit in Support of Application to Proceed In Forma Pauperis. If granted, the court waives the filing fee and scanning charges. The IFP application requires a sworn statement of income, assets, and expenses.

The Form Packet

The Court of Chancery publishes two petition packets on its guardianship forms page:

• Form CM1 — Petition for Appointment of Guardian of Person and Property (when you need authority over both personal care and financial decisions)
• Form CM12 — Petition for Appointment of Guardian of Person Only (when financial management isn't needed or is handled through other mechanisms like Representative Payee)

Each packet includes the petition form, a personal information sheet, and instructions. The petition must be verified — signed under penalty of perjury — and must include:

• The petitioner's name, address, and relationship to the proposed ward
• The proposed ward's name, age, marital status, current residence, and domicile
• Names and addresses of all interested parties (spouse, next of kin, any agents named under existing POA or healthcare directives)
• A summary of the proposed ward's assets, liabilities, and estimated annual income
• An affidavit of diligent efforts to locate any interested parties whose addresses are unknown

The Physician's Affidavit Requirement

The petition won't be accepted without a notarized Physician's Affidavit (Form CM2 for cognitive/developmental disabilities). The physician must have personally examined the proposed ward within three months of the filing date and must provide clinical detail about the specific disability and how it interferes with the person's ability to make or communicate responsible decisions.

This is the single most common reason pro se filings get returned: the affidavit is too vague, the examination date is more than three months old, or the physician's signature isn't notarized. Schedule the medical evaluation with the filing timeline in mind.

What Happens After Filing

Once the petition is filed with proper documentation, the court issues a Preliminary Order that:

• Sets a hearing date
• Appoints an Attorney Ad Litem (AAL) to represent the proposed ward's interests
• Directs the petitioner to serve notice on all interested parties

The AAL appointment is mandatory and happens regardless of whether the petition is contested. The AAL's fees are assessed to the petitioner or the ward's estate by the court — up to $750 for uncontested cases but potentially higher if the case is complex or contested.

Serving Notice

Under Court of Chancery Rule 177, the petitioner must send a copy of the Preliminary Order and hearing notice to every interested party who hasn't signed a Waiver of Notice and Consent. This must happen at least 13 days before the hearing via registered mail, certified mail, or a commercial courier with real-time tracking.

Pro se petitioners sometimes underestimate this step. Every required party must be served, and proof of service must be filed on the docket before the hearing. Missing a single interested party can cause a continuance.

The Hearing Itself

At the hearing, the petitioner must prove incapacity by clear and convincing evidence. The AAL presents their independent investigation report. The proposed ward has the right to attend, testify, and present their own evidence.

Self-represented petitioners should be prepared to explain what less restrictive alternatives they considered and why those alternatives are insufficient. The court is required to use guardianship as a last resort, and a petitioner who can't articulate why a Supported Decision-Making Agreement or Power of Attorney won't work faces harder questioning from the bench.

When Pro Se Filing Makes Sense — and When It Doesn't

Pro se filing works best for uncontested cases where the family agrees on the need for guardianship, the proposed ward's disability is well-documented, and the estate is modest. When any interested party objects, when the estate involves significant assets, or when the capacity question is genuinely borderline, hiring a special needs attorney is worth the cost.

The Delaware Adult Guardianship & Alternatives Guide includes a step-by-step court filing checklist and document tracker designed for families navigating the process without an attorney.

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