Rule 176 - Appointment of attorney ad litem upon petition for appointment of guardian; service and notice of hearing(a) Appointment and duties of attorney ad litem. - Upon the filing of a petition for appointment of a guardian of an adult person with an alleged disability, the Court shall appoint a member of the Delaware Bar to represent the person with an alleged disability if such person is not otherwise represented by counsel, to receive notice on behalf of such person and to give actual notice to such person, explain his or her rights, and explain the nature of the proceeding. The attorney ad litem shall represent the best interests of the person with an alleged disability and shall conduct a reasonable investigation into the allegations of the petition, the fitness of the proposed guardian, and all pertinent facts. If the attorney ad litem determines the wishes of the person alleged to be disabled diverge from his or her best interests, the attorney ad litem shall advise the Court. The Court may appoint a second attorney to represent the person with an alleged disability as if engaged by such person and may hold a hearing to determine whether a guardian should be appointed. The Court, in its discretion, may appoint an attorney ad litem to represent a minor.(b) Appointment of fact finder. - The Court may appoint an impartial fact finder to report to the Court concerning the matter.(c) Report and fees of attorney ad litem or fact finder. - In all cases in which the Court has appointed an attorney ad litem or fact finder under this rule, the attorney shall file a report and recommendation with the Court as directed in the Order of the Court. The attorney shall also file an affidavit of time expended on the matter and a request for a fee and costs. The fee and costs shall not exceed $ 750 unless the attorney requests and supports a greater fee and the Court finds that payment of a fee great than $ 750 is in the best interest of the person with an alleged disability. In all cases, the petitioner shall pay the fee and costs associated with the attorney ad litem or fact finder within thirty (30) days of the appointment of the guardian, unless the Court finds that such fee and costs should be paid by the person with an alleged disability.(d) Service on person with an alleged disability. The attorney ad litem shall provide actual notice of the petition and hearing to the person with an alleged disability at least ten (10) days before the hearing unless, for cause shown, the Court shortens the time.(e) Notice to others. - Notice of the time, place and purpose of the hearing shall be given by registered or certified mail, return receipt requested, or by FedEx, United Parcel Service, or any other courier service that provides real-time tracking of delivery, by or on behalf of the petitioner to the attorney-in-fact of the person with an alleged disability, to any attorney identified in Rule 175(a)(7), and to all interested parties as defined by Rule 175(a)(3) unless, for cause shown, the Court concludes that any such notice is likely to result in harm to the person with an alleged disability. Notice need not be given to any interested party who has consented in writing to the granting of the petition or has waived such notice.(f) Proof of service and notice. - Proof of service and of notice shall be filed with the Register in Chancery prior to the hearing.Amended April 23, 2018, effective 7/1/2018; amended January 15, 2021, effective 1/29/2021.