§ RULE 133. SINGLE-TRANSACTION GUARDIANSHIP; SETTLEMENT OF TORT CLAIMS FOR DISABLED PERSONS

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 133.

RULE 133. SINGLE-TRANSACTION GUARDIANSHIP; SETTLEMENT OF TORT CLAIMS FOR DISABLED PERSONS.

(a) In a settlement of a single-transaction matter arising out of a tort claim for a disabled person, the Court may, in its discretion, enter an order

(1) approving the settlement;

(2) approving the disbursement of funds for the payment of the expenses of prosecuting the tort claim, subrogation claims and unpaid obligations of the disabled person associated with the tort claim;

(3) appointing a guardian of the property of the disabled person to be derived from the settlement; and

(4) approving the deposit of the disabled person's funds in a bank or trust company.

(b) Upon entry of an order pursuant to subsection (a), jurisdiction shall be transferred to the Court of Chancery for administration of the guardianship pursuant to Chapter 39, Title 12 of the Delaware Code.

(c) A petition to authorize settlement of a tort claim for a disabled person shall be accompanied by medical reports or other evidence satisfactory to the Court and, in the absence of such evidence, the Court may require oral testimony. Such petitions shall be heard in open court, with the disabled person present, unless otherwise ordered.