Del. Ch. Ct. R. 175-A (2026)

Rule 175-A. Petition to Determine Capacity (e) Verification. The petitioner must verify a petition to determine whether an adult person has capacity (the “Subject Person”) under 16 Del. C. § 2506. The verification must state that the petitioner believes the contents to be true under penalty of perjury. (f) Form. The petition must contain the following information. If information is unknown, the petition must state that the petitioner has made diligent efforts to obtain the information, and describe those efforts. (1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Subject Person, or, if not related, the nature of the petitioner’s interest in the health and wellbeing of the Subject Person. (2) Subject Person. The name, age, marital status, domicile, and current residence of the Subject Person, as well as: (A) if the Subject Person resides in an institution, the name and address of the institution and the date and circumstances surrounding the Subject Person’s admission; (B) if the Subject Person’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Subject Person served in the armed forces of the United States, the branch and dates of service; and (D) if the Subject Person has been represented by a Delaware attorney within the past two years, the name of the attorney. (3) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Subject Person’s spouse; (B) any person who would inherit if the Subject Person died intestate; (C) any beneficiary in a testamentary instrument; (D) any person acting for or named by the Subject Person as a fiduciary, including any holder of a

power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive, or other health care proxy; (E) any person primarily responsible in the past six months for the Subject Person’s care or finances; (F) any person who contests the petitioner’s position on the Subject Person’s capacity; and (G) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons. (4) Agency Documents. The existence and location of any agency document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy executed by the Subject Person. (5) Estate Documents. The existence and location of any estate planning document, including any will or trust. (6) Nature of Dispute. A detailed explanation of the nature of the dispute, and why the Court must determine the capacity for the Subject Person. (g) Exhibits. The petition must include the following exhibits: (1) a form of preliminary order scheduling the matter for a hearing and providing for notice; (2) a form of final order that includes, as applicable, language discharging any attorney ad litem; (3) a copy of the determination of a lack of capacity that is in dispute under 16 Del. C. § 2504(b); and (4) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided. (h) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice. History. Added Sept. 23, 2025, effective Sept. 30, 2025.