As amended through November 14, 2024
Rule 180-C - Termination of guardianship(a) Petition to terminate guardianship. - The guardian, the person for whom a guardian has been appointed, or any interested party may file a petition alleging a sufficient reason why guardianship is no longer necessary, and requesting its termination. The Court may make an order for the ascertainment of the truth of the allegation, whether by an examination in open Court, or otherwise. If a hearing is to be held, notice thereof shall be given to the guardian and any interested party as that term is defined in Rule 175(a)(3).(b) Termination of guardianship. - (1) If the Court finds that a guardian no longer is necessary due to recovery of capacity of the person with a disability, the Court will make an order terminating the guardianship, restoring to the person with a former disability the care of his or her person or restoring to him or her the property and estate in the custody, possession and control of the guardian, or both, providing for the payment of costs and expenses incurred during the guardianship, and requiring a full accounting from the former guardian of the property of the person with a former disability.(2) If the Court finds that guardianship is no longer necessary due to availability of other measures and such measures are in the best interest of the person with a disability, the matter may be administratively closed without prejudice. An affidavit shall be filed with the Court specifying the means of substitute decision making to be used, and the consent of the individual responsible for utilizing it.(3) Upon termination, the Court may provide for the payment of costs and expenses incurred during the guardianship.(c) Restoration of property of minor upon attaining majority. - If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, the guardianship shall terminate automatically in accordance with 12 Del. C. § 3909 when the minor attains the age of 18 years. The automatic termination of the guardianship of the property shall not relieve the guardian of the duty to account to the Court.(d) Final accounting. - Under 12 Del. C. § 3941(a), upon removal or resignation of a guardian or upon termination of a guardianship, the guardian shall render a final accounting within thirty days of the removal, resignation, or termination of the guardianship, unless otherwise ordered by the Court. This Rule shall not apply if accountings have been waived, unless otherwise ordered by the Court.Amended April 23, 2018, effective 7/1/2018.