As amended through November 14, 2024
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(a)(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 thirteen (13) days to allow interested parties to respond.Amended April 23, 2018, effective 7/1/2018; amended May 19, 2022, effective 5/19/2022.