Attorney Ad Litem; Court Representative

(a) Attorney Ad Litem. The Court may appoint a member of the Delaware Bar to represent a minor, a Person with an Alleged Disability, a Subject Person, or a Principal (the “Represented Person”). The Court may act on a party’s motion, its own motion, or routinely upon the filing of a petition. (1) Duties. An attorney ad litem must pursue the best interests of the Represented Person. An attorney ad investigate the petition’s litem must reasonably allegations and all pertinent facts, explain the proceedings to the Represented Person, and inform the Represented Person of their rights. The Court may impose additional or different duties by order. (2) Notice. An attorney ad litem must give and receive notice on behalf of the Represented Person. Unless the court directs otherwise, an attorney ad litem must provide the Represented Person with actual notice of any hearing at least 10 days in advance. (3) Conflict. If the attorney ad litem’s view of the Represented Person’s best interests differs from the Represented Person’s wishes, then the attorney ad litem must advise the Court. The Court may appoint a second attorney to pursue the Represented Person’s wishes. (b) Court Representative. The Court may appoint a the petition’s representative investigate court allegations and all pertinent facts. to (c) Report. The Court may direct the attorney ad litem or court representative to file a report and recommendation as directed in an order of the Court. (d) Compensation. A court representative or an attorney ad litem may receive an award of compensation, including reimbursement of expenses. Either may be waived. (1) Determining and Apportioning the Award. A court representative or an attorney ad litem may bill for time at standard hourly rates, record expenses, and move for an award when services are complete. Unless the Court orders otherwise, the petitioner seeking relief from the Court must pay the attorney ad litem’s fee within 30 days of an order approving the fee. (2) Attorney Ad Litem—Award in Uncontested Case. (A) The attorney ad litem’s award may not exceed $750 in an uncontested case. But if the Court orders the attorney ad litem to address an objection, and the action does not become contested, then the award may not exceed $1,000. The Court may award a different amount for cause. (B) The petitioner must pay the award within 30 days after Court approval, unless the Court apportions the fee differently or specifies a different time for payment. (3) Attorney Ad Litem—Award in Contested Case. The attorney ad litem’s award may not exceed $3,500 in a contested case, except for cause. (4) Motion Seeking Award. The motion must be filed not later than 20 days after the Court resolves the merits. The motion must comply with Rule 88 and address who should pay the award. The motion must include a form of order that specifies the amount of the proposed award and the proposed allocation of responsibility for payment. (5) Cause. Whether to approve a greater fee under this rule is a matter within the Court’s discretion. The Court may consider, among other relevant factors, the amount of time and attention given by the attorney ad litem, the novelty and difficulty of the questions presented, the resources available to pay the fees and costs, and the benefit provided to the Represented Person by the attorney ad litem’s service. History. Amended, effective July 28, 1978; Dec. 15, 2014, effective Jan. 1, 2015; Apr. 23, 2018, effective July 1, 2018; Jan. 15, 2021, effective Jan. 29, 2021; Sept. 23, 2025, effective Sept. 30, 2025. Rule 177. Hearings; Notice; Proof of Service (a) Hearings. The Court may hold a hearing on any petition for the appointment of a guardian for a person with an alleged disability, to determine capacity, or to enjoin or require healthcare decision-making. (1) Personal Appearance. The Court may require that the Person with an Alleged Disability, Subject Person, or Principal appear at the hearing. (2) When Evidence Is Required. At the hearing, the Court may take evidence or, for cause, adjourn the hearing. But if no one at the hearing objects to the relief sought, then the Court may grant it without requiring a further showing. (3) Relief By Consent. But the Court may forgo a hearing if all interested parties consent to the relief sought, the petitioner has counsel, and the Court determines that a hearing is unnecessary. (b) Notice. Any party obtaining a hearing must give notice of the date, time, place and purpose of the hearing to: (1) The other parties; (2) any Delaware attorney who has represented the Person with an Alleged Disability, Subject Person, or Principal within the past two years; and (3) all interested parties unless the Court determines that notice to a particular interested party would harm the person that is the subject of the proceeding. (c) Means of Giving Notice. Notice must be given by registered or certified mail, return receipt requested, or by a courier service that provides real-time tracking of delivery. (d) Timing of Notice. Notice must be given at least 10 days before the hearing date, unless the Court orders otherwise. (e) Proof of Service and Notice. The party giving notice must file proof that notice was timely served. History. Amended Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025. Rule 178. Petition to Exercise Powers Not Granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court (a) Petition Needed. If the guardian desires authority to exercise powers not granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court (such as the power to expend principal of the estate of the person with a disability for reasons other than the support, care, protection, welfare, clothing and rehabilitation of that person, the power to sell real property belonging to that person, the power to borrow money for that person’s benefit or the power to prepay burial expenses), the guardian shall make application therefor to the Court by a petition. (b) Contents of Petition. The petition shall be verified and shall set forth: (1) the name of the guardian, the date of the guardian’s appointment, the amount of any bond and the name of the guardian’s surety, if any; (2) if the petition concerns the property of the person with a disability, a summary of the guardianship assets; (3) a list of all interested parties entitled to receive notice of the petition in accordance with Rule 175(b)(3); and (4) a request for leave to take the requested actions. (c) Proposed Order Annexed. A form of order shall be filed with the petition. (d) Notice Period. Unless otherwise ordered by the Court, notice of all petitions filed pursuant to Rule 178(a) must be served on all interested parties, and the petition shall be held for a period of at least 13 days to allow interested parties to respond. History. Amended Apr. 23, 2018, effective July 1, 2018; effective May 19, 2022; Sept. 23, 2025, effective Sept. 30, 2025.