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Filing a petition for adult guardianship

On Behalf of | Oct 3, 2022 | Adult guardianship

An adult guardianship may be necessary, but it is a difficult decision to make. Elderly parents, adult children with special needs or another loved one may not be able to function on their own. Not everyone has the time, training and resources necessary to care for their loved one’s health.

If you believe an adult guardianship is the right step for your loved one, there are several requirements you must meet. Continue reading for a brief overview of the process. This article is not advice for your specific course of action.

File a petition

According to the Delaware Courts, you must file a petition with the Court of Chancery. This petition must include specific information such as the disabled person’s age, residence, marital status, hospital residency if applicable, military service, the existence of a will, property and income, debts and obligations and next-of-kin. This is not an exhaustive list. It is in your best interest to consult a professional before attempting to file independently.

Obtain a physician’s affidavit

You must also have a physician’s affidavit. It is not enough that you believe your loved one cannot function on their own. A trained medical professional must provide their opinion on the person’s state.

In uncontested guardianships, the court appoints an attorney ad litem. The attorney is a randomly chosen professional. They investigate the legitimacy of the guardianship and file a report with the court.

Filing an adult guardianship is a long, complicated and stressful process. The details of this article only provide a basic description. Do your research before deciding a loved one needs a guardianship.