In the Court of Chancery, a Guardian is a person appointed by the Court to make medical and/or financial decisions for a disabled person. There are three types of guardianships: Guardianship of an adult person, guardianship of an adult person's property and guardianship of the property of a minor child who is under eighteen.
Please use the resources below and on the forms page to learn more about Guardianship in the Court of Chancery.
Notice to the Department of Justice for Medicaid Planning
Brochures and Resources:
The Court of Chancery no longer requires notice to be sent to the Department of Justice when a petition for Medicaid planning is filed, including all petitions to transfer an asset, petitions to establish a Miller Trust, or petitions to establish a Special Needs Trust. Once a disabled person has become qualified to receive Medicaid, the Court will require proof of such qualification as well as a copy of any signed trust instrument, including Miller Trusts or Special Needs Trusts. All documentation is to be sent directly to the Court of Chancery.
An Overview of the Guardianship Process
Is Guardianship What I Need? Brochure
Hearing Procedures Brochure
What To Do After the Guardianship Hearing
State of Delaware Resources for the Disabled
State of Delaware Resources for the Elderly
Mediation Services: Mediation is a process in which all those whose input is important to a solution of a problem meet in a private setting with a neutral person (a mediator) to try to resolve conflicts. To learn more, please read If You Are Considering a Filing for Guardianship of an Aged or Disabled Person.
Click here for Court petition packs and forms