In Reviewing Master’s Report, Vice Chancellor Appoints Counsel Ad Litem to Investigate and Advocate on Behalf of Incompetent

IMO The Estate of Paulina duPont Dean C.A. No. 7430-ML (September 17, 2014)

Vice Chancellor Glasscock of the Delaware Court of Chancery recently reviewed a master’s report of a case we previously wrote about on this blog. For a summary of the case and the Master’s recommendations there, see http://www.gfmlaw.com/blog/master-chancery-recommends-finding-1-power-attorney-generally-becomes-effective-when-signed.

As is the rule, the Vice Chancellor reviewed the master’s report de novo. The Vice Chancellor largely adopted the master’s report, with one relatively significant exception. Specifically, the Vice Chancellor ordered that—because of the self-interest of the various represented parties—a counsel ad litem be appointed to investigate whether the parties’ presently incompetent mother, if competent, would have wished to continue her pattern of giving and would have likely paid the cost of the children’s education at issue. As a result, the Vice Chancellor ruled that “that portion of the Master’s Report directing payment and reimbursement of Dean’s children’s expenses is remanded for the appointment of an attorney ad litem to investigate and advocate on behalf of Paulina. I leave to the Master’s discretion, informed by any requests by the attorney ad litem, the determination of to what extent the proceedings need to be reopened for a decision.”