Delaware Code Title 31. Welfare § 3909. Hearing on petition

(1) An individual needing protective services must be present unless the individual has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the individual cannot be present without endangering the individual welfare.  Waiver or incapacity may not be presumed from nonappearance but must be determined on the basis of factual information that counsel or an Adult Protective Services caseworker supplies to the Court.

(2) An individual needing protective services has the right to counsel regardless of the individual's presence at the hearing.  If the individual is indigent or lacks the capacity to waive counsel, the Court shall appoint counsel.  If the individual is indigent, the Court shall assess reasonable attorneys’ fees, such as are customarily charged by attorneys in this State for comparable services.  To the extent that funding for this purpose is budgeted and available, funds must be drawn from the budget for the Division of Services for Aging and Adults with Physical Disabilities upon an order directing payment signed by the Court.

(3) An individual needing protective services has the right to all of the following: