Del. R. Ch. Ct. Form 2
. IN THE MATTER OF : C.M. No. : a disabled person :
AFFIDAVIT
I, __________________, Esquire, being duly sworn according to law, deposes and says as follows:
1. I am the attorney of record in the above-captioned matter and that the information contained herein is true and correct.
2. I am an active member of the Delaware Bar.
3. I represent the Petitioner(s), ______________________________.
4. I have explained to the Petitioner(s), his/her duties upon appointment as guardian of the person and property of the disabled person as set forth in 12 Del. C. { 3901 et seq.
5. I have explained to the Petitioner(s) that he/she is to make decisions concerning the care of the disabled person based upon what is in the best interest of the disabled person and not based upon his/her personal interest.
6. I have explained to the Petitioner(s) that he/she is only to use the disabled person's assets for the benefit of the disabled person and not for his/her own benefit or for the benefit of any other person.
7. I have explained to the Petitioner(s) that he/she is required to file an inventory with the Court of the disabled person's assets within thirty days of his/her appointment as guardian, pursuant to 12 Del. C. { 3921.
8. I have explained to the Petitioner(s) that he/she is required to file an annual accounting with the Court of the disabled person's assets and expenditures each year on the anniversary of the guardian's appointment as guardian and at such times thereafter as required by the Court, pursuant to 12 Del. C. {{ 3941, 3943 unless the Court waives this requirement.
9. I have explained to the Petitioner(s) that he/she will be required to sign a bond with the Court within seven days upon his/her appointment as guardian, pursuant to 12 Del. C. { 3905.
10. I have explained to the Petitioner(s) that he/she will be required to open a guardianship account and to transfer all of the assets of the disabled person into the guardianship account upon appointment as guardian unless the Court waives this requirement.
11. I have explained to the Petitioner(s) that he/she will be required to file an annual status/medical update with the Court, pursuant to Chancery Rule 180B.
12. I, as the attorney for the Petitioner(s), understand that I will be required to file a proof of compliance with the Court of the opening of the guardianship account within thirty days of my client's appointment as guardian to demonstrate that the guardianship account has been properly opened, unless the Court waives this requirement.
__________________
Date Attorney (with Bar ID and full signature block)
STATE OF DELAWARE :
: ss.
COUNTY OF __________________ :
SWORN TO AND SUBSCRIBED before me this ________ day of __________________, 20____.
Notary Public
Del. R. Ch. Ct. Form 2