Petition For The Appointment Of A (Plenary) Guardian(s) Of A Minors Property {CM101}

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE Register in Chancery Kent County 38 The Green, Ste. 208 Dover, DE 19901 302 - 735 - 1930 Register in Chancery New Castle County 500 N. King Street, Ste. 11600 Wilmington, DE 19801 302 - 255 - 0544 Register in Chancery Sussex County 34 The Circle Georgetown, DE 19947 302 - 856 - 5775 Procedures for filing a Petition for Appointment of Plenary Guardian(s) of a A plenary, or unrestricted, guardianship is one that lasts until the minor turns 18 years old and files a petition to transfer funds at majority. Until the guardianship terminates, the funds must be held in a specially - titled guardianship account. Under a plenary guardianship, the Court will continue to monitor the account, will require the guardian to file annual bank statements, may require the guardian to file an accounting, and will restrict the account so that the funds cannot be spent except with a Court order. There also are restrictions regarding the bank where a guardianship account may be opened. A petitioner must have good cause to file for plenary guardianship rather than limited guardianship. you will need to submit the following documents to our office: 1. The c omplete petition, the court clerk cannot complete the petition for you. The petitioner(s) will need to have their signature(s) notarized on the petition valid identification and the corr ect paperwork, your signature(s) can be notarized by 2. 3. 4. Personal information sheet (separate one for each petit ioner). 5. Notice to the interested parties (i.e. the other parent, siblings over the age of eighteen or grandparents if immediate family is no longer living). o Notarized consents or o If you are unable to obtain a consent, notice will need to be sent by certifi ed mail. You will then need to complete the enclosed affidavit of mailing and file the green cards with our office. Rev. 0 6 /2019 Form 101 American LegalNet, Inc. www.FormsWorkFlow.com 6. I will need to be filed. 7. If the money is being received through a life insurance policy, a letter needs to be filed from the insurance company to show that the minor is due to receive money. 8. If the minor is fourteen years or older , he/she will need to sign a consent to the petition, with their signature n otarized. 9. The filing fee for the petition is $135.00 plus $2.00 per page scanning fee. Payment must be received at the time of filing, or the petition wil l not be accepted by our office. We accept cash, check or money order (made payable photocopies for you, we will charge a $1.50 per page fee. Should your petition to become guardi an(s) be granted, you will receive additional documents and information from the C ourt. Among other things, you will be required to execute a bond in an amount set by the Court. website at https://courts.delaware.gov/chancery/guardianship/index.aspx . American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A Minor : : : : C.M. # PETITION TO APPOINT PLENARY GUARDIAN(S) OF A 1. Information about the person(s) who wish(es) to be appointed guardian(s): a. Name(s): b. Current address(es): c. Telephon e Number(s): c. Relationship (s) to the minor: 2. Information about the minor: a. Age: Minor turns 18 on : b. Date of birth: c. Curre nt ad dress: 3. The interested parties who are entitled to notice of the petition are the following (include parents (natural or adoptive), co urt appointed guardians, any attorney who represented the minor child in the previous two years, siblings over the age of 18, and grandparents if one parent is deceased or cannot be contacted): American LegalNet, Inc. www.FormsWorkFlow.com Name of Interested Party Relationship to Minor Address and Phone number of interested party Interested age 4. How much money is the minor going to receive? 5. Where is the minor receiving the money from? 6. If granted guardianship, when do you anticipate receivin g the property or money? 7. The reasons why this Court should establish a plenary guardianship rather than a limited guardianship are: American LegalNet, Inc. www.FormsWorkFlow.com 8. All of the following statements must be true before the Court of Chancery will consider t his petition. Check all of the following statements to acknowledge they are true: a. b. c. Attached is a letter from the insurance company stating how much the minor is to receive from the life insurance policy OR a ttached is the death certificate (if the minor will r eceive funds or property as a result of the death of another person) d. Petitioner(s) consents to the Register in Chancery of the Court being his/her/their agent for acceptance of service on behalf of the Petitioner(s) as to absence(s) from this State, he/she/they cannot perso nally be served. e. guardianship bank account at t his Delaware bank, , and the funds shall remain in the account until the minor turns eighteen (18) at which time a Pe tition to Transfer Funds at Majority must be filed with the Court. Petitioner(s) understands and agrees that funds may not be withdrawn from the guardianship account without a court order authorizing such withdrawal. American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, Petitioner(s) respectfully request that: 1. property. 2. The guardian(s) shall have the authority to receive $ from the Insurance Company/Estate. If requested, the guardian(s) shall execute a release to the payor for the amount received. 3. The Court fix bond for the guardianship without surety in an amount determined by the Court. 4. There be paid by the petitioner(s) the court costs of this petition. Signature of Co - Petitioner Signature of Petitioner Address Address Phone number Phone number STATE OF : COUNTY OF : This instrument was acknowledged before me on this day of , 20 by [Name of affiant]. Notary Public/ Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A Minor : : : : C.M. # I, , a minor fourteen (14) years old or older , hereby consent to the appointment of [name(s) of proposed guardian(s)] as the [specify limited or plenary] guardian of my property. Address: Phone Number: This instrument was acknowledged before me on this day of , 20 by [Name of affiant] . Notary Public/ Chancery Court Clerk American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR NOTIFYING INTERESTED PARTIES OF PETITION FOR GUARDIANSHIP It is the petition responsibility to notify interested parties when a petition for guardianship is filed with the Court. This includes notifying all of the parties you listed in paragraph three of the guardianship petition. Under Rule 180(e)(3), interested parties e ntitled to notice include natural or adoptive parents, any court - appointed guardian, any attorney who has represented the minor child within the last two years, any siblings who have reached the age of majority, and parents are deceased or cannot be contacted. Each interested party may sign and have notarized a copy of the attached must send via certified mail , return receipt requested, all interested parties who did not sign a consent form. You must file the following documents with the Court: a. Any and all consent forms; b. and c. The certified mail return receipts and/or the green cards that have been returned to you. Any interested party who has not signed a notarized consent must receive notice of your petition by certified mail at least thirteen (13) days before the Court will consider your petition. T his ensures that all interested parties have adequate time to contact the Court with any questions they may have or file any objection to the petition. If you do not know the address for an interested party, you must make every attempt to locate the addr ess and file the enclosed affidavit of efforts to locate American LegalNet, Inc. www.FormsWorkFlow.com IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF: , A Minor : : : : C.M. # I, [name of interested party] , whose relationship to t he minor is that of (i.e. mother, brother) , hereby consent to the a ppointment of [name(s) of proposed guardian(s)] as guardian (s) further notic