Probate Division - Intervention Proceedings (INT/IDD)
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General Information
Petitions to open an intervention proceeding, i.e., for the appointment of a guardian or conservator of an incapacitated person or for a protective order relating to an incapacitated person, are filed in the Probate Division of the District of Columbia Superior Court. The person filing the petition (the petitioner) can request the appointment of a guardian (a person who makes health care, quality of life, and placement decisions) or a conservator (a person who handles assets and income) or both. A guardian can be permanent (until the subject recovers from the incapacity or dies), limited (to address some pressing need, such as to respond to a lawsuit) or temporary (an emergency 21-day guardian, a health care guardian for as long as 90 days, or a provisional guardian for as long as 6 months). The standards for seeking emergency and temporary relief are greater. The more usual situation is a request for appointment of a permanent guardian in an INT case or a guardian to make health care decisions in an IDD case.
The petitioner bears the burden of proving that the subject of the petition is incapacitated as defined by the law in the District of Columbia by clear and convincing evidence. An "incapacitated" person is defined in D.C. Code, sec. 21-2011(11), as an adult (i.e., someone who is 18 or older) "whose ability to receive and evaluate information or to communicate decisions is impaired to such an extent that he or she lacks the capacity to manage all or some of his or her financial resources or to meet all or some essential requirements for his or her physical health, safety, habilitation, or therapeutic needs without court-ordered assistance or the appointment of a guardian or conservator." The petitioner can prove incapacity by attaching medical evidence to the petition or presenting medical evidence or testimony in Court at the hearing that will be scheduled after the petition is filed. Unless the subject is found by the Court to be incapacitated, no guardian or conservator will be appointed, so a petitioner should provide as much proof of incapacity as possible.
Items Needed To Open An Intervention Case
The forms needed to open an intervention proceeding depend on the type of order needed: (1) order appointing a temporary guardian (i.e., a 21-day emergency guardian, a health care guardian for as long as 90 days, or a provisional guardian for as long as 6 months), (2) order
appointing a permanent guardian or conservator, or (3) a protective order. There is a filing fee of $45.00 payable to "Register of Wills" if a conservator or protective order is requested.
Filing The Petition
When the petition for a general proceeding is filed, it is reviewed by the Probate Division’s Legal Branch to ensure that all of the necessary documents have been submitted and that the filings comply with minimum legal requirements. When the petition is accepted for filing, a hearing date is scheduled for approximately one month later. The petition is then transmitted to a judge for appointment of counsel for the subject of the proceeding (i.e., the person alleged to be incapacitated and in need of a guardian and/or conservator) and, if the petitioner has so requested, appointment of an examiner, a guardian ad litem, and/or a visitor. An examiner is an individual who has training or experience in the diagnosis, care, or treatment of the causes and conditions giving rise to incapacity. The role of an examiner is to provide evidence from which a determination can be made regarding whether the subject has capacity. Unless the petition is accompanied by a medical evaluation regarding the subject’s capacity, the petitioner should always request the appointment of an examiner. Appointment of a guardian ad litem and visitor are requested much less frequently depending on the circumstances of the case. The role of the guardian ad litem is to assist the subject in determining the subject’s interests in regard to the case or to make that determination if the subject is unconscious or otherwise wholly incapable of determining his or her interests even with assistance. The role of the visitor is to function as an independent investigator and reach conclusions regarding the circumstances surrounding the subject. A visitor is sometimes appointed to conduct a special investigation into specifically identified issues. If temporary relief has been requested (such as payment of bills of an emergency nature or freezing of accounts to stop mishandling of the subject’s funds), the judge will decide whether to grant such relief and issue an appropriate order. Copies of all orders signed by the judge will be mailed to the petitioner, his or her attorney, the person alleged to be incapacitated, and any other parties.
Counsel and any examiner, visitor, or guardian ad litem appointed for the subject will usually visit the subject as quickly as possible to prepare for the hearing. The subject of the proceeding (who is the person alleged to be incapacitated) must be personally served with the Notice of Initial Hearing and petition by an adult other than the petitioner at least 14 days before the hearing. An affidavit of service must be filed at Court at least 5 days before the hearing.
The petitioner must appear at the hearing with any witnesses that the petitioner wishes to present and should bring the form titled Findings of Fact, Conclusions of Law and Order. Counsel for the subject will appear, usually with the subject. If a visitor, examiner, or guardian ad litem has been appointed, that person must also appear at the hearing. The Court will hear the evidence presented and ordinarily will decide at the hearing whether a guardian or conservator will be appointed, who that person will be, whether bond is required, and, if so, the amount of the bond. The Court may limit, or restrict, the powers of the person appointed. For example, sale of a ward’s home is often restricted so that the conservator cannot sell it without a Court order authorizing the sale.
After appointment, a conservator must file an Inventory and Conservatorship Plan within 60 days and an annual Statement of Account within 30 days of the anniversary date of appointment. A guardian must file a Guardianship Plan within 90 days of appointment and a Report of Guardian every six months from the anniversary date of appointment. If a guardian or conservator needs more time to file something that he or she is supposed to file, a motion can be filed to request more time.
The powers of a guardian are listed in D.C. Code, sec. 21-2047, which also lists some powers that a guardian does not have. The powers of a conservator are listed in D.C. Code, sec. 21-2070. If a guardian or conservator needs to do something that he or she does not have the power to do, a Petition Post Appointment can be filed to ask the Court for permission or instructions.
Much more detail regarding the duties and responsibilities of guardians and conservators may be found in "Now that You’re a Guardian" and "Now that You’re a Conservator."
Intervention Forms
Forms to Request Appointment of a Guardian and/or Conservator or Protective Order
Forms to Request Appointment of a Temporary Guardian
(i.e., 21-Day Emergency Guardian, Health Care Guardian for as Long as 90 Days, Provisional Guardian for as Long as 6 Months)
Other General Intervention Forms
Other Guardianship Forms
Other Conservatorship Forms
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Title |
90KB |
Order Appointing Successor Conservator |
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90KB |
Petition for Release of Funds Held in the Estate Deposit Account (Pro Se) and Order |
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134KB |
Petition for Referral to Auditor Master and Order |
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127KB |
Petition of Claimant for Determination of Claim and Order |
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150KB |
Petition Post Appointment of Conservator for Instructions Regarding Statement of Claim and Order, Notice of Right to Respond and/or Request an Oral Hearing, Notice of Hearing on Subsequent Petition, and Order Appointing Counsel |
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164KB |
Petition Post Appointment to Terminate Conservatorship, Preliminary Order of Termination, Notice of Right to Respond and/or Request an Oral Hearing, Order Appointing Counsel, and Notice of Hearing on Subsequent Petition |
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125KB |
Petition Post Appointment to Terminate Conservatorship of Deceased Ward, Order Appointing Special Administrator |
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223KB |
Petition Regarding a Disappeared, Missing, Or Detained Person, Order Setting a Hearing and Directing Publication of Notice of Hearing on Petition Regarding a Disappeared, Missing, or Detained Person, and Notice of Hearing on Petition for Appointment of a Conservator or Entry of a Protective Order |
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36KB |
Specific Instructions to Conservators and Conservatorship Information Sheet |
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77KB |
Statement of Claim Pursuant to SCR-PD 307 |
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120KB |
Petition Post Appointment To Deposit Funds Into The Estates Deposit Account |
Inventory and Accounting Forms
Frequently Asked Questions
Definitions
General Information
Guardianship Information
- How do I become a guardian?
- What is the difference between a temporary guardian, a limited guardian and a general guardian?
- How can I get appointed quickly for emergency medical treatment? How can I get a faster hearing date?
- May I oppose the appointment of a guardian?
- What are my powers, duties, and limitations as guardian?
- How often am I required to visit the ward?
- When do I need the authority of the court?
- Which date is the official date of appointment?
- How can I request a hearing when no case is open?
- How can I request a hearing when a petition post appointment is filed?
- How do I have a guardian removed? How do I get appointed to replace a guardian?
- How do I resign as guardian?
- How do I terminate my appointment as guardian when the ward has died?
- Is a Guardianship Plan required?
- Why must a Report of Guardian be filed, and how often do I file it?
- Can the Report of Guardian be handwritten?
- Should each co-guardian file a separate report?
- Can probate staff notarize reports?
- Can I pick which Judge my report goes to?
- Do I report a small bank account held on the ward’s behalf?
- If the ward has died, does a Report of Guardian still have to be filed?
- Can I remove a ward from the District of Columbia without court approval?
- We (guardian and Ward) live in another state now, why does this case not close?
- My ward has disappeared; how do I find the ward?
- How can I find a day program?
- My ward refuses to cooperate with me; what should I do?
- How do I pay for long-term care for a ward with no assets?
- How does one obtain permission to late file reports, inventories, accounts, and plans?
- If a person receives notice of a hearing, is it mandatory that the person attend?
- Does the subject need to be present at the initial hearing and any subsequent hearings?
- What if something happens to the guardian?
- Why did I receive notice of a hearing if I already filed my plan, report, inventory, or account?
- How can I get a power of attorney?
- Does the Court accept a power of attorney?
- How do I resign as guardian?
Conservatorship Cases
Fees
Appraisals
Inventories
Accounts
Definitions
What is a guardian? What qualifies an individual to need a guardian?
A guardian is someone who is appointed by the Court in response to the filing of a petition for a general proceeding to make health care, quality of life, placement (housing), and legal decisions for an incapacitated individual who is eighteen or older.
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What is a conservator? What qualifies someone to become a conservator?
A conservator is someone who is appointed by the Court in response to the filing of a petition for a general proceeding to handle income or assets of the ward for the support, care, and welfare of the ward so that they will not be wasted or dissipated.
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What is an INT case?
INT is an intervention case. Such cases are opened for the appointment of a guardian of an incapacitated adult to make health care, quality of life, and placement decisions and/or the appointment of a conservator of an incapacitated adult to handle financial affairs or to protect the property of an incapacitated, missing, disappeared, or detained individual.
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What is an IDD case?
IDD means "Intervention - Developmental Disability" case. Such cases are opened only by the District of Columbia for the appointment of a limited guardian to make health care decisions only or for the appointment of a general guardian to make health care, quality of life, and placement decisions and/or for the appointment of a conservator to handle the financial affairs for adults who are developmentally disabled.
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What is a CON case?
CON is a conservatorship case. Such cases were opened prior to September 30, 1989 for the appointment of a conservator of the property of an incapacitated adult and, sometimes, the conservator of the person of an incapacitated adult. Such cases are now opened as INT or IDD cases.
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What is a subject?
A subject is the person who is alleged to be incapacitated.
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What is a ward?
A ward is a person who has been found to be incapacitated by the Court.
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What is an examiner?
An examiner is an individual who has training or experience in the diagnosis, care, or treatment of the causes and conditions giving rise to incapacity. Sometimes, the examiner is the physician of the subject. Superior Court, Probate Division Rule 326 states the duties of an examiner.
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What is a visitor?
A visitor is an officer, employee, or special appointee of the Court who has no personal interest in the proceeding. A visitor reports to the Court on the ward’s current situation and living conditions. A visitor is usually a social worker. D.C. Code, sec. 21-2033(c) and Superior Court, Probate Division Rule 327 state the duties of a visitor.
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General Information
Where can I find a copy of the rules or laws governing intervention proceedings?
The rules are available on the courts website here. Click on "Superior Court Rules for the Probate Division."
The law is contained in D.C. Code, Title 21 and is available online on the Council of the District of Columbia’s website at www.dccouncil.washington.dc.us/dcofficialcode. Click at "View DC Official Code: click here."
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Where can I obtain the forms to open a case for the appointment of a guardian and/or conservator or to obtain a protective order?
- Complete the forms online, and print them out to file. Click on "INT/IDD" in blue under "Case types including forms" in the gray bar at the left.
- Write or visit:
Probate Division
Probate Clerk’s Office, Room 314
515 5th Street, N.W.
Washington, DC 20001
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If I have a problem accessing or completing the forms online, who can be contacted?
Email the DC Courts Webmaster at webmaster@dcsc.gov.
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Do I need an attorney?
No; however, the filing of a petition for appointment of a guardian and/or conservator begins a contested legal proceeding (i.e., the person who files the petition bears the burden of proving the incapacity of the subject at a hearing in Court at which evidence can be presented, witnesses can testify and be cross-examined, and legal arguments can be made). Counsel will be appointed to represent the interests of the subject. Counsel is not appointed to represent the petitioner.
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Where can I obtain legal assistance?
The Probate Division can provide information but not legal advice. For legal advice, consult an attorney of your choosing who regularly practices in the Probate Division. Assistance is available to specialized communities from (1) Legal Counsel for the Elderly - 434-2120, (2) Legal Aid Society of the District of Columbia - 628-1161, (3) Neighborhood Legal Services - 269-5100 and 678-2000, (4) University Legal Services - 547-0198, and (5) the Probate Resource Center, a project of the DC Bar Pro Bono Program, available by appointment only, after a referral is made by the Court, a Deputy of the Probate Division, or a legal services provider. Appointments are held at the courthouse with volunteer attorneys and are available only with regard to petitions post appointment.
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What forms must be filed to open a case for the appointment of a guardian and/or conservator?
Petition for General Proceeding
Order Appointing Counsel
Notice of Initial Hearing to Subject Pursuant to 325(b)
Notice of Initial Hearing to Other Pursuant to 325
If the petition asks that a visitor, a guardian ad litem, or an examiner be appointed, the appropriate order must be attached:
Order Appointing Guardian ad Litem
Order Appointing Examiner
Order Appointing Visitor
Note that each order must include a "cc" list with the names and addresses of all parties, including the subject, and envelopes or mailing labels for each party must be filed.
If the petition asks for temporary relief, the Order Regarding Temporary Relief must be attached.
There is a filing fee of $45.00, which may be paid in cash or by check or money order payable to "Register of Wills" for a petition requesting appointment of a conservator or protective order. There is no filing fee for a petition requesting appointment of a guardian.
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Can I still file in the District of Columbia even though the subject has been moved to a nursing home in another state?
Yes, if (1) the District of Columbia is the home state of the subject or (2) the subject has a significant connection with the District of Columbia and the subject does not have a home state, the home state has declined to exercise jurisdiction, or no petition is pending before the home state, or (3) the District of Columbia is neither a home state nor a significant connection state, but the home state and the significant connection state decline to exercise jurisdiction, and jurisdiction in the District of Columbia is more appropriate.
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Do I need a doctor’s report to open a case for the appointment of a guardian and/or conservator?
The Court may waive appointment of an examiner when a report has been submitted in writing to the Court regarding the condition of the allegedly incapacitated individual. If no report is submitted, the court will appoint an examiner.
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How many Letters of guardianship or conservatorship will I receive?
Five. Additional Letters are available for $1 each.
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How does one obtain additional Letters?
Additional or updated Letters can be purchased for $1.00 each at the
Probate Division, 515 5th Street, NW, Room 314, Washington, DC 20001, or
ordered by mail. To order by mail, complete the Copy Request Form and mail
with check payable to “Register of Wills.”
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How long does it take to get Letters?
Generally, Letters are issued within two business days of the filing of the Acceptance and Consent and bond (if required).
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How long are Letters of guardianship or conservatorship valid?
Letters are valid until the guardianship or conservatorship is terminated; however, some organizations and/or institutions may require Letters to be updated or recertified if they are more than 60 days old.
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What are the Letters used for?
Letters of conservatorship are evidence of the transfer of all assets of a ward (or the assets specified in the Letters) to the conservator. Letters of guardianship are evidence that a guardian has been appointed who has the authority to make medical decisions, health care decisions, quality of life decisions, and legal decisions for the ward.
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Do I have to have my Letters recorded?
Letters of conservatorship and orders terminating conservatorships shall be filed or recorded in the Office of the Recorder of Deeds so that notice of the transfer of title is on file.
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Who are the parties to the case? How do I become a party?
The parties in an intervention proceeding include the subject of the proceeding, any guardian or conservator, the person filing the petition to initiate the intervention proceeding, and a creditor filing a petition to determine claim.
Any other person who wishes to participate in the proceeding may file a Petition for Permission to Participate at least 5 days before any hearing. The petition must state how the best interests of the subject will be served by the person’s participation. The Court may confer party status on any participant it deems appropriate.
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What is a certificate of service, and how do I prepare one?
A certificate of service assures the Court that a copy of the document that is being presented for filing has been mailed to all parties. (See above for an explanation of who is a party.) The date that the copy was mailed to each party and the name and complete mailing address
of each party must be included in the certificate of service. Many of the forms on this website contain a certificate of service that can be used or used as an example.
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What documents need to be verified to be filed in the Probate Division?
The following pleadings must be verified to be filed in the Probate Division:
- All Petitions - SCR-PD 2(b) and 3
- Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
- Accounts - D.C. Code 20-721
- Inventories - D.C. Code 20-711
- Guardian Reports - SCR-PD 328
- Assignments - SCR-PD 120 and 420
- Claims - D.C. Code 20-905(a)
- Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
- Any Affidavit - SCR-CIV 9
- Verification and Certificate of Notice - SCR-PD 403(b)(3)
- Certificate of Completion - SCR-PD 426
According to SCR-CIV 11, no other pleadings need be verified. Accordingly, motions, answers, responses and oppositions do not need to be verified.
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What is the procedure for obtaining a foreign subpoena from the Probate Division? Submit a copy of the foreign subpoena, a completed Probate Division PBM subpoena form http://www.dccourts.gov/dccourts/superior/probate/case_type_int_idd.jsp#forms, and a $10.00 fee for each subpoena requested to the Probate Clerk’s Office in the Probate Division on the third floor at 515 5th Street, NW, Washington, DC. Make sure that the names, addresses, and telephone numbers of all counsel of record and of all parties not represented by counsel are included either in the foreign subpoena or on the second page of the PBM subpoena form. If medical records are being requested, the copy of the foreign subpoena must be certified, and the filer will be referred to Judge-in-Chambers for issuance of the subpoena. ^ back to top
Guardianship Information
How do I become a guardian?
A person becomes a guardian when the Court appoints that person guardian in response to the filing a petition for a general proceeding.
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What is the difference between a temporary guardian, a limited guardian and a general guardian?
A general guardian has full legal power to handle all medical, legal, and residency matters on behalf of a ward for the ward’s lifetime or until the guardian resigns or is removed by the Court. A limited guardian can only handle specific medical care or legal issues as directed by the Court.
There are three kinds of temporary guardian: an emergency guardian for no longer than 21 days when there is a life-threatening situation or a situation involving emergency care, a health care guardian for up to 90 days, or a provisional guardian for up to 6 months when the guardian in place is not effectively performing his or her duties.
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How can I get appointed quickly for emergency medical treatment? How can I get a faster hearing date?
For life-threatening emergencies or situations involving emergency health care, file a petition for the appointment of a temporary 21-day emergency guardian. This type of petition is referred the day that it is filed to the emergency Judge-in-Chambers at the Court for hearing.
If there is no life-threatening emergency or the situation does not involve emergency health care, the appointment of a 90-day health care guardian may be requested instead. Such petitions are also referred the day of filing to the emergency Judge-in-Chambers.
Another alternative, if there is no life-threatening emergency, is included in the petition for general proceeding in item 12, which allows the petitioner to request temporary relief to preserve property only. If the Court is satisfied with the information provided as to why temporary relief is needed, the Court may schedule a hearing on the issue within 10 days. If a temporary appointment is made at that hearing, the appointment lasts until the hearing regarding the petition for a general proceeding.
If an emergency situation exists, consult your counsel as to the best type of emergency guardianship available for your situation.
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May I oppose the appointment of a guardian?
Yes. A response to a petition for general proceeding may be filed up to five days before the general proceeding and should list any objections for the Judge to consider at the hearing.
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What are my powers, duties, and limitations as guardian?
The powers and duties of a guardian are set forth at D.C. Code, sec. 21-2047 and in the Specific Instructions to Guardians and Guardianship Information Sheet on this website.
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How often am I required to visit the ward?
The guardian must visit the ward once a month unless the Court orders otherwise.
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When do I need the authority of the court?
If something needs to be done for the ward and the authority to do it is in doubt, review the Findings of Fact or the order of appointment to see if either document specifically allows what needs to be done or specifically prohibits it. If the Findings or the order of appointment do not provide any guidance, review the powers set forth at D.C. Code, sec. 21-2047 for guidance. If there is still a question about authority to act, consider filing a petition post appointment requesting permission or instructions from the Court.
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Which date is the official date of appointment?
The date that the Findings of Fact or order of appointment is docketed is the official date of appointment; however, Letters are not issued until the guardian files an Acceptance and Consent and, when a conservator is appointed, a bond.
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How can I request a hearing when no case is open?
File either a petition for a general proceeding or, in an emergency situation, a petition for appointment of an emergency guardian to begin an intervention case and obtain a hearing. The two Notice of Initial Hearing forms must be included with the petition for general proceeding, as is required by Superior Court, Probate Division Rule 325.
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How can I request a hearing when a petition post appointment is filed?
After a guardian or conservator has been appointed by the Court, a Petition Post Appointment may be filed to request Court action concerning an issue that arises in the intervention proceeding. A notice called Notice of Right to Respond and/or Request an Oral Hearing must be mailed to all parties with the Petition Post Appointment. If you object to the relief requested or want to request an oral hearing, file a written response or request for a hearing or both within thirteen business days of the date upon which the petition was mailed to you. The mailing date is in the certificate of service on the last page of the petition post appointment. A Request for Oral Hearing form can be submitted to request a hearing. A Response to Petition Post Appointment can also be submitted.
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How do I have a guardian removed? How do I get appointed to replace a guardian?
File a Petition Post Appointment to remove a guardian. Be specific regarding the reasons for removal. A hearing will be held. The Judge will consider the contents of the petition and the evidence presented at the hearing and decide whether to remove the guardian and whether a successor guardian should be appointed. The successor may be the petitioner, a relative or friend of the ward, or an attorney from the Court’s fiduciary panel.
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How do I resign as guardian?
File a Petition Post Appointment to resign. The Court will hold a hearing to determine whether to terminate your appointment and appoint a successor guardian.
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How do I terminate my appointment as guardian when the ward has died?
If the ward has died, file a Suggestion of Death, notifying the Court of the ward’s death. Then file a final Report of Guardian within 60 days of the filing of the Suggestion of Death. After the final Report of Guardian is filed, the Court will enter an order terminating the guardianship.
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Is a Guardianship Plan required?
All guardians and successor guardians appointed in INT cases on or after July 1, 2009 must file a Guardianship Plan within ninety (90) days of appointment.
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Why must a Report of Guardian be filed, and how often do I file it?
The Court has the ultimate responsibility for the welfare of each ward. A Report of Guardian must be filed every six months from the date of appointment as guardian so that the Court is kept informed of the ward’s medical status, residence, and general condition for the protection of the ward. The filing of such reports is required by the applicable District of Columbia law and is a condition of appointment as a guardian. Guardians who do not timely file the Report of Guardian are subject to removal by the Court. The reports are reviewed by the Probate Division staff and sometimes responded to by letter from the Court.
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Can the Report of Guardian be handwritten?
Although the Report of Guardian can be handwritten, guardians are strongly advised to use the interactive form on the website to type the report and print it out for filing. If the Report of Guardian form is typed or saved to a personal computer, it can be updated with any changes every six months, printed, and filed.
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Should each co-guardian file a separate report?
No, both co-guardians should be working together for the welfare of the ward and should sign one report.
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Can probate staff notarize reports?
The Probate staff is available to take the oath required on the petition for a general proceeding or the Report of Guardian.
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Can I pick which Judge my report goes to?
No, the Judge to whom a report is forwarded cannot be selected by anyone. Each Report of Guardian will be forwarded to the Judge assigned to that particular ward’s intervention case.
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Do I report a small bank account held on the ward’s behalf?
A small bank account held on the ward’s behalf may be listed on the Report of Guardian at Item 22. The Court determines what qualifies as "small."
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If the ward has died, does a Report of Guardian still have to be filed?
If a ward has died, a Suggestion of Death should be filed as soon as possible to alert the Court and other interested persons. A final Report of Guardian must then be filed within 60 days. If you have already reported the ward’s date of death in the final guardianship report, a Suggestion of Death is still required to ensure proper docketing of the ward’s date of death by Court staff. Suggestions of Death should
contain a certificate of service to inform the other parties that the ward has died.
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Can I remove a ward from the District of Columbia without court approval?
In accordance with the law in the District of Columbia, a guardian may establish a residence for the ward outside the District of Columbia.
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We (guardian and Ward) live in another state now, why does this case not close?
If the ward and the guardian have moved to another state, the Court will terminate the intervention proceeding (1) when a petition post appointment to terminate intervention proceeding is filed here and approved by the Court or (2) when a petition post appointment to transfer the guardianship or conservatorship to another state is filed and granted by the Court. Such petitions should contain representations regarding whether a petition for a protective proceeding has been filed in the ward’s new domicile and, if so, certified copies of any orders issued regarding the ward in the new state of domicile.
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My ward has disappeared; how do I find the ward?
If a ward has disappeared suddenly, the disappearance should be reported to the police. If the ward has been missing a long time, that may not be necessary. Consult your counsel regarding the choices that are best for your situation. Methods of finding the ward include the following: checking police and hospital records, checking with the District of Columbia’s Homeless Outreach Services, homeless shelter rolls, churches and other charitable organizations aiding the poor, Social Security and Medicaid records, bank records, the Department of Motor Vehicles, the Department of Vital Records, morgues, the prisoner locator service, the ward’s family and friends, the internet, and search firms that specialize in searches for missing persons.
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How can I find a day program?
Contact the D.C. Office of Aging and Disability Resource Center at (202) 724-5626 for a list of available day programs in the D.C. area for an elderly or disabled ward. The Court’s Guardianship Assistance Program at (202) 879-9407 may also be able to provide guidance and assistance.
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My ward refuses to cooperate with me; what should I do?
A guardian has a legal duty to act in the ward’s interests to ensure that the ward receives the care that the ward needs and lives in an environment that is appropriate for the ward’s needs. At times, performing this duty involves taking actions for the ward’s best interests that the ward will not like. Sometimes, a petition post appointment can be filed when there is a need to settle a dispute between the guardian and the ward. If the relationship with the ward has become irretrievably broken, consider filing a petition post appointment to resign and allow the Court to appoint a successor guardian. Consult counsel for advice.
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How do I pay for long-term care for a ward with no assets?
If a ward has assets consisting of less than the Medicaid resource and income limits, apply for Medicaid, also known as D.C. medical assistance. Once the ward is found to be eligible, Medicaid will pay the difference between any income that the ward has and the nursing home bill, less a small monthly personal needs allowance for the ward.
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How does one obtain permission to late file reports, inventories, accounts, and plans?
File a motion for an extension of time before the filing deadline or a motion for an enlargement of time if the filing deadline has passed. A Pro Se Motion form is available on this website. If the motion concerns a guardianship plan or guardianship report, please file it with the Legal Branch. If the motion concerns a conservator’s plan, inventory, account, requirements of an account, or receipts, please file it with the Duty Auditor. The motion must state the reasons why additional time is needed.
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If a person receives notice of a hearing, is it mandatory that the person attend?
It depends upon what the person’s relationship to the case is and what the hearing concerns. If the person is the ward, guardian, or conservator, such persons should attend unless counsel advises them not to do so. Hearing notices are sent to all persons interested in a proceeding so that they are kept informed of the progress of the proceeding. If the person who receives the notice has information important to the proceeding, that person should attend and present the information to the Court.
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Does the subject need to be present at the initial hearing and any subsequent hearings?
Yes. If counsel appointed for the subject believes that it is not advisable for the subject to attend for any reason (such as health issues), counsel can ask the Court to excuse the subject’s appearance by filing a motion to excuse the subject’s or ward’s appearance prior to
the hearing. The only person that may excuse the subject from the hearing is the Judge.
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What if something happens to the guardian?
If the guardian is unable to perform the duties of a guardian, the Court should be notified immediately by the filing of a Petition Post Appointment pursuant to Superior Court, Probate Division Rule 322 to appoint a successor guardian. If the guardian dies, a Suggestion of Death should be filed, and a petition post appointment to appoint a successor should be filed.
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Why did I receive notice of a hearing if I already filed my plan, report, inventory, or account?
A Guardianship Plan, Report of Guardian, inventory, or account must be filed by the statutory deadline. When any of these documents has not been filed by the statutory deadline, a hearing is scheduled. Once a hearing is scheduled, the guardian or conservator must attend, even if the item is filed, and the Probate Division judges expect the party who filed the item late to be present at the hearing.
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How can I get a power of attorney?
The Court cannot provide any advice relating to obtaining or executing a power of attorney. Consult counsel of your choosing.
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Does the Court accept a power of attorney?
Sometimes, the existence of a power of attorney is pertinent to an intervention proceeding. The Court may accept a power of attorney under certain circumstances and for limited purposes. Consult counsel of your choosing for advice regarding this issue.
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How do I resign as guardian?
File a Petition Post Appointment to withdraw or resign, and ask the Court to appoint a successor guardian. See Superior Court, Probate Division Rule 322.
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Conservatorship Cases
How do I become a conservator?
A person becomes a conservator when the Court appoints a conservator in response to the filing of a petition for a general proceeding, medical evidence, and all attachments.
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What are the powers, duties, and limitations of a conservator?
The powers and duties of a conservator appointed in an INT or IDD case are set forth in D.C. Code, sec. 21-2070 and in the Specific Instructions to Conservators and Conservatorship Information Sheet.
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Must the ward own a certain amount of assets to qualify for appointment of a conservator?
No. However, a conservator must file an inventory and annual accounts, so if the ward has few or no assets, a conservatorship may not be needed or appropriate.
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Why is a bond required?
District of Columbia law requires a bond for the protection of the assets of the ward. In general, a conservator must be able to qualify for a bond that covers all the assets of the ward plus one year’s income.
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How do I open a conservatorship account?
Take the Letters of conservatorship, your identification, and the ward’s Social Security number to a District of Columbia bank that is conveniently located. Open a bank account that is titled in the name of the subject and yourself as conservator. Usually, this is a checking account that returns checks and provides monthly bank statements because bank statements and canceled checks are needed to prepare the annual account and copies must be presented with the account.
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How do I resign as conservator?
File a Petition Post Appointment to Terminate Conservatorship, a Preliminary Order of Termination, an Order Appointing Counsel, and a Notice of Hearing on Subsequent Petition, in compliance with Superior Court, Probate Division Rule 334. After a hearing, the Court will issue a preliminary order of termination, direct the filing of a final account and report within 60 days, and appoint a successor. Upon approval of the final account, the Court will enter a final order of termination.
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How do I terminate my appointment as conservator when the ward has died?
File a Petition Post Appointment to Terminate Conservatorship of Deceased Ward in compliance with the requirements of Superior Court, Probate Division Rule 334, a final account, and a final Conservator’s Report within 60 days of the ward’s death. Upon hearing and approval of the final account, the Court will issue an order of termination directing any appropriate conditions for termination of the conservatorship.
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How do I remove someone who is living in the ward’s real property?
Consult counsel for advice and direction. Among the possibilities are a lawsuit for possession in Landlord Tenant Court, a petition for rule to show cause for possession in accordance with Superior Court, Probate Division Rule 313 in the Probate Division, or a complaint to the Metropolitan Police Department.
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How can I have the conservator removed?
File a Petition Post Appointment for removal of the conservator in accordance with Superior Court, Probate Division Rule 322. Be specific regarding the reasons for removal of the conservator, and be prepared to appear at a hearing to present your view.
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How can I schedule a hearing before the Court if I disagree with something that the conservator is or is not doing?
File a Petition Post Appointment in accordance with Superior Court, Probate Division Rule 322 asking the Court to decide what should be done.
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Is Court approval (i.e., a Court order) required before expenditures are made?
Unless the order appointing the conservator in an INT or IDD case restricts spending in some way, Court approval is not required before expenditures are made unless the expenditure is a fee to the guardian, conservator, or counsel. All expenditures are, however, subject to proper accounting. Receipts, bills, cancelled checks, and bank statements must be filed with the annual account in support of all expenditures. In CON cases (those filed prior to September 30, 1989), Court approval is required before expenditures can be made.
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Can a claim be filed in a conservatorship?
Yes. A form titled Statement of Claim Pursuant to Superior Court, Probate Division Rule 307 is available on this website.
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Fees
Can a guardian or conservator be paid?
In accordance with Superior Court, Probate Division Rule 308, both are entitled to reasonable compensation for services rendered. A fee petition must be filed.
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Can I get reimbursed for out of pocket expenses?
Yes, if you file a petition for reimbursement.
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When can fee petitions be filed?
A fee petition for a guardian should be filed no later than 30 days from the anniversary date of the guardian’s appointment. For example, if you were appointed on March 1, the fee petition should be filed every year on or before April 1. The final fee petition should be filed no later than 60 days after termination of the guardianship. A fee petition for a conservator should be filed either with the annual account or at any time before approval of an annual account that has already been filed. The final fee petition of a conservator should be filed no later than 30 days after the filing of the final account. Interim petitions for establishing a guardianship or conservatorship should be filed promptly after the hearing and no later than 90 days after the hearing. See Superior Court, Probate Division Rule 308.
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When will my fee petition be decided by the court?
Unless the fee petition is filed with an account, it will be decided by the Court within 30 days. A fee petition that is filed with an account is forwarded to Court when the account has been audited and is ready for Court approval.
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If a petitioner hires a doctor and/or social worker to examine the subject to provide testimony at the initial hearing, must a fee petition covering their fees be filed?
Yes, if the doctor or social worker is seeking payment from the subject’s assets or the guardianship fund.
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Where can the law governing the Guardianship Fund and petitions for compensation be found?
D.C. Code, sec. 21-2060 available online at the Council of the District of Columbia’s website at the online source for the
District of Columbia Official Code (D.C. Code, Title 21, Chapter 20, Subchapter VI, Section 21-2060) and Superior Court, Probate Division Rule 308. http://www.dccourts.gov/dccourts/docs/probate/SuperiorCourtRulesForTheProbateDivision.pdf
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What are the potential sources of payment of fees?
The estate assets, if sufficient, or the Guardianship Fund, if the ward’s assets would otherwise be depleted.
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What is the Guardianship Fund?
It is a fund of money established by the District of Columbia for payment for services rendered on behalf of persons whose funds would be depleted by payment of fees. See D.C. Code, sec. 21-2060 available online at the Council of the District of Columbia’s website at http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=dcc-1000&Action=Welcome (D.C. Code, Title 21, Chapter 20, Subchapter VI, Section 21-2060)
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Who is eligible for payment from the Guardianship Fund?
A visitor, an attorney, an examiner, a conservator, a special conservator, a guardian ad litem, or a guardian in an intervention (INT or IDD) case involving an incapacitated adult may be paid from the Guardianship Fund if the court so orders. Money from the Guardianship Fund is not available in decedent’s estates (ADM), guardianships of the estates of minors (GDN), former law conservatorships (CON), and trusts (TRP).
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What is the hourly rate for payment from the Guardianship Fund?
For attorneys serving as a guardian, conservator, special conservator, guardian ad litem or visitor, the current hourly rate is up to $90.00 per hour.
For participants in the Non-Lawyer Pilot Program serving as a guardian, conservator or special conservator, the current hourly rate is up to $80.00 per hour.
For other non-attorneys appointed by the court to serve as guardian, conservator or special conservator, the rate is generally determined by the Court, which could be based upon a customary employed hourly rate of the fiduciary, but not to exceed the cap prescribed for payment from the Guardianship Fund. Generally, the hourly rate has been between $10 to $25.
For medical doctors appointed by the court to serve as an examiner and make a capacity assessment, the current hourly rate is up to $100 per hour.
For all other health care professionals serving as an examiner, the current hourly rate is up to $75.00 per hour.
For non-lawyers appointed by the court as a visitor, who conduct a special, independent investigation into specific issues raised by the petition, the current hourly rate is up to $80.00 per hour.
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Who decides how much is paid from the Guardianship Fund?
The decision of whether or not to award a payment from the Guardianship Fund and the amount of any award is made by a judge.
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How does one obtain payment from the Guardianship Fund?
A petition requesting compensation from the Guardianship Fund must be filed to obtain a court order authorizing such compensation.
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How do I prepare a petition requesting compensation?
There is no form for this pleading due to the specific requirements which pertain to the role of the petitioner. However, there is detailed information about what needs to be contained in a Petition Requesting Compensation in Rule 308 of the Probate Rules. http://www.dccourts.gov/dccourts/docs/probate/SuperiorCourtRulesForTheProbateDivision.pdf
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What information must the petition for compensation contain?
The petition should describe the services provided, state the amount requested, be supported by a detailed statement of services, and be accompanied by a proposed order with envelopes or mailing labels for every involved party. Refer to Superior Court, Probate Division Rule 308 for specific additional details regarding filing requirements.
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What is the timeframe for filing a fee petition?
D.C. Code, sec 21-2060 and Superior Court, Probate Division Rule 308 contain more specific information. Superior Court, Probate Division Rule 308(c)(3) requires the filing of an interim petition for compensation for establishing a guardianship or conservatorship or entry of a protective order promptly upon conclusion of the hearing establishing the guardianship, conservatorship, or protective arrangement but not later than 90 days thereafter.
Superior Court, Probate Division Rule 308(c)(2) restricts conservators to filing petitions for compensation either with the annual account or prior to its approval.
Superior Court, Probate Division Rule 308(c)(1) restricts guardians to filing petitions for compensation no later than 30 days from the anniversary date of the guardian’s appointment. A guardian’s final petition for compensation must be filed no later than 60 days after termination of the guardianship.
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What if the petition for compensation is being filed late?
A motion for leave to late file the petition for compensation can be filed. The original petition for compensation must be attached. There is a $20.00 filing fee for the motion (by check payable to the “Register of Wills”).
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Must a petition for compensation be served on other parties before it can be filed with the court?
Yes, pursuant to Superior Court, Probate Division Rule 308(c)(4), a petition for compensation may not be filed with the court unless it has been served at least twenty (20) calendar days prior to the filing of the petition. The petition shall be accompanied by a certificate of service showing compliance with the requirement.
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Who is served with the petition for compensation?
Pursuant to Superior Court, Probate Division Rule 308(d), the petition for compensation and the Notice of Petition for Compensation are served on (1) the subject, ward, or protected individual;( 2) the parties to the proceedings and persons granted permission to participate in the proceeding, as provided in Superior Court, Probate Division Rule 303; (3) any person who has filed an effective request for notice; and (4) any other person as directed by the court or the Register of Wills.
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What other documents should be filed with the petition for compensation?
An attorney petitioner must also file a certificate pursuant to Administrative Order 04-06. Non-lawyer fiduciaries must file an affidavit pursuant to Administrative Order 04-07.
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How do I object to the petition for compensation?
a party thinks that the compensation requested is too high, the hourly rate charged is excessive under the circumstances, or charges are included for services not performed, an objection may be filed. A link to an objection form is available on the Probate Division website. http://www.dccourts.gov/dccourts/docs/probate/int/Objection(Exception)toFeePetition.pdf
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What is the timeframe for objecting, who is served, and is there a fee?
Objections to the Petition for Compensation must be filed with the Register of Wills and a copy thereof served on the petitioner, all parties, and on anyone who has filed an effective request for notice within 20 calendar days of the mailing to you of the Petition for Compensation. There is a filing fee of $25.00.
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What steps are followed to obtain payment from the Guardianship Fund?
After a court order authorizing payment from the Guardianship Fund has been issued, payment is made by the General Services Administration. The Budget and Finance Division requires every participant in the Guardianship Fund program to complete a Request to Establish Vendor File.
This request form must be mailed or returned by hand to 616 H Street, NW, Suite 600.19, Washington, DC 20001. Faxed copies will not be accepted, and the form must have an original signature or it will not be processed. A Direct Deposit form can be completed at the same time.
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Once the request is approved, how is payment effected?
After a court order is issued approving the petition for compensation, payment is effected in collaboration with the Budget & Finance Division.
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How soon does the court consider a petition for compensation?
Petitions for compensation are generally considered by the Court within 30 days of filing.
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If a court order has been issued awarding fees, payment is not received, and more than 30 days have passed since the order was signed, what should be done?
Call the Auditing Branch Deputy Clerk at (202) 879-9419, and explain the situation. Do not call the Budget and Finance Division.
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Appraisals
How can I obtain an appraisal, and can I have my own appraiser?
Make an appointment with the court appraiser by calling 202-879-9445. The services of the court appraiser are free. The court appraiser does not appraise real property, coin or stamp collections, or clothing (with the exception of fur coats). If another appraiser is used, the conservator must pay for that appraisal with his or her own funds.
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How long will the appraisal take?
The average appraisal takes 2 to 3 hours. If there are more items than usual, it takes longer.
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Does the conservator need to be present while the appraisal is being done?
The conservator must be present while the appraisal is being done. If the conservator will not be available, the conservator must write the Court appraiser, designating the person who will be present and including the case number and name. That person must be present while the appraisal is being done.
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When will I receive the appraisal report?
Approximately one week after the appraisal.
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Inventories
When is the inventory due?
The inventory must be filed no later than 90 days from the date of the order appointing the conservator or successor conservator.
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Accounts
When are accounts due?
Accounts must be filed no later than thirty days after the anniversary date of the appointment of the conservator or successor conservator once each year. A final account must be filed no later than 60 days after the date of death of the ward. See Superior Court, Probate Division Rule 330.
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What forms do I need to prepare an account?
The forms needed are: (1) Statement of Account, (2) Schedules A - L, (3) Probate Form 27 (for confidential information under SCR-PD 5.1), (4) bank statements, and (5) canceled checks, receipts, or vouchers in support of all transactions.
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Do I need to file a conservator’s report with each account?
Yes.
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How do I prepare an account?
Fill in the information on the correct forms, provide documentation in support of all transactions listed, and file at the Probate Division’s Duty Auditor station located in Room 313 at 515 5th Street, NW, 3rd Floor, Washington, DC 20001.
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Is there a checklist of items to ensure that an account will be accepted for filing?
Yes. A checklist is available and can be found on pages 6-11 of the Inventory and Accounting Guide.
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How long does it take to audit an account once it has been filed?
Generally, an account is audited within 30 to 45 days from the date of filing. If no initial audit notice has been received after 60 days, contact the Auditing Branch Manager at 202-879-9429 to inquire regarding the status of the audit.
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Once an accounting is filed, how do I find out which auditor has been assigned to the account?
Telephone the Duty Auditor at 202-879-9447, or call 202-879-9434 for the assigned auditor’s name and telephone number about two (2) days after the account is filed.
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Why do inquiries from auditors sometimes differ even though situations are similar?
Audit inquiries may differ depending upon the circumstances of the case. If there is a question regarding a particular audit that cannot be resolved with the auditor performing the audit, write either P. Allen Butler, III, Auditing Branch Manager or Anne Meister, Esq., Register of Wills, and request an administrative review. Note that a request for administrative review will not stay the response period.
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If I cannot fully comply with audit requirements within the time prescribed, what is my recourse?
File with the Auditing Branch a motion for an extension of time to comply with the audit requirements and a proposed order, stating the reason why an extension is requested.
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If a summary hearing for failure to satisfy audit requirements has been set and the requirements are satisfied before the scheduled summary hearing date, will the hearing be vacated (cancelled) so that appearance at the hearing is not required?
No. A summary hearing can only be vacated by the court (1) at the hearing or (2) by an order in response to a motion to vacate summary hearing filed by the fiduciary. The motion should be filed at least 13 days prior to the date of the hearing. If it is filed less than 13 days from the date of the hearing, it should be by consent of all parties. The motion should state the reasons for the delay.
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Once audit requirements are submitted, how long does it take for the auditor to review the requirements?
Generally, requirements are reviewed within 2 weeks of submission. However, in complex matters or accounts with extensive audit requirements, the process may take longer.
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Is there a fee for filing an objection to an account or inventory?
There is a $25.00 fee for filing an objection to an account in an intervention proceeding.
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Can I distribute any assets or pay any bills pending court approval of the final account?
Prior to approval of a final account, a conservator may only disburse or expend pursuant to a court order authorizing expenditures or disbursements. Such an order is obtained by filing a petition with the Court for such authority pursuant to Superior Court, Probate Division Rule 334. Otherwise, a conservator should wait until approval of the final account to make final distribution of the deceased ward’s assets.
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Once a final account has been approved, how long does it take to receive distributions from the estate?
In intervention cases in which the ward has died, a conservator has up to 60 days to file a final receipt of distribution.
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What do I file as receipts if the bank does not return checks?
File a written statement signed by the distributee listing, specifically, the monetary amount of the final distribution received by the distributee.
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When are the court costs due?
Court costs are paid with the first account. Additional costs may be owed with subsequent accounts if additional assets are received.
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Can the audit of the account be expedited?
Yes; write P. Allen Butler, III, Auditing Branch Manager or Alicia Purkapile, Supervisory Auditor and request an expedited audit of the account. Reasons for the expedited request must be provided.
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