Adult Guardianship / Conservatorship Petition Packet

DISTRICT OF COLUMBIA ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Relief Sought

☐ General Guardian of the Person (§ 21-2041, § 21-2047)
☐ Limited Guardian of the Person (§ 21-2047)
☐ Temporary / Emergency Guardian (§ 21-2046)
☐ Health-Care Guardian (§ 21-2046; certification under § 21-2204)
☐ Conservator (Protective Order over property/estate) (§ 21-2051)
☐ Both Guardian and Conservator (combined intervention petition)

0.2 Less Restrictive Alternatives Reviewed

☐ Durable General Power of Attorney (D.C. Code § 21-2101 et seq.) reviewed and found insufficient / abused
☐ Health-Care Power of Attorney / Advance Directive reviewed and found insufficient
☐ Representative Payee (SSA / VA) considered
☐ Trust / supplemental needs planning considered
☐ Supported decision-making considered
☐ Capacity to execute new planning documents assessed — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ Petition to be filed in the Superior Court, Probate Division (intervention proceeding)
☐ Petition served on the subject by first-class mail within 3 days of filing (§ 21-2041(c))
☐ Court will appoint attorney for subject (unless already represented), examiner, and visitor (§ 21-2041(d))
☐ Any current social/psychological/medical evaluation to be presented as evidence (§ 21-2041(g))
☐ Relatives/interested persons identified for notice (§ 21-2042)
☐ Bond for conservator estimated or waiver justification prepared
☐ Filing fee or fee waiver prepared

PART 1 — PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
PROBATE DIVISION

1. PETITIONER (§ 21-2041(b))

Petitioner is [FULL NAME OF PETITIONER], of [________________________________].

Interest of petitioner in the welfare of the subject: ☐ Spouse / domestic partner ☐ Adult child ☐ Parent ☐ Adult sibling ☐ Other relative ☐ Person with whom subject resides ☐ Caregiver / facility ☐ Government agency ☐ Self ☐ Other [____________________].

Under § 21-2041(a), an incapacitated individual or any person interested in the welfare of the incapacitated individual may petition.

2. SUBJECT OF PETITION (ALLEGED INCAPACITATED INDIVIDUAL) (§ 21-2041(b))

3. RELIEF REQUESTED

☐ [NAME] as Guardian of the person (☐ general ☐ limited ☐ temporary/emergency ☐ health-care)
☐ [NAME] as Conservator of the estate (protective order, § 21-2051)
☐ Both

4. GROUNDS — INCAPACITY (D.C. Code § 21-2011(11))

An "incapacitated individual" is an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the individual lacks the capacity to manage all or some financial resources or to meet all or some essential requirements for physical health, safety, habilitation, or therapeutic needs without court-ordered assistance or the appointment of a guardian or conservator.

Reasons for which guardianship/conservatorship is sought, stated with specific particularity (§ 21-2041(b)):

☐ Cognitive impairment / dementia ☐ Mental illness ☐ Intellectual / developmental disability ☐ Traumatic brain injury ☐ Degenerative neurological condition ☐ Other [____________________]

Facts supporting incapacity:

[________________________________]
[________________________________]
[________________________________]

5. PROTECTIVE ORDER / CONSERVATORSHIP GROUNDS (§ 21-2051) — if estate relief sought

The court may appoint a conservator or make another protective order if the individual is unable to manage property and financial affairs effectively for reasons such as incapacity, and has property that will be wasted or dissipated unless management is provided, or funds are needed for support, care, and welfare.

Character and estimated value of the estate:

6. LESS RESTRICTIVE ALTERNATIVES

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct to the best of my knowledge.

Executed on [__/__/____] at [____________________].

[____________________________]
Petitioner

PART 2 — INTERESTED PERSONS ENTITLED TO NOTICE (§ 21-2042)

PART 3 — NOTICE OF HEARING (§ 21-2042); SERVICE ON SUBJECT (§ 21-2041(c))

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

NOTICE IS GIVEN that a Petition has been filed regarding [NAME OF SUBJECT] in the Superior Court of the District of Columbia, Probate Division, and will be heard on:

The subject was served by first-class mail within 3 days of filing (§ 21-2041(c)). The Court will appoint an attorney, an examiner, and a visitor (§ 21-2041(d)). You may appear and be heard.

PART 4 — STATEMENT OF RIGHTS OF THE ALLEGED INCAPACITATED INDIVIDUAL (§ 21-2041(d), (h))

TO: [NAME OF SUBJECT] — A petition has been filed asking the Court to appoint a guardian and/or conservator for you. You have the following rights:

• The right to be represented by counsel; unless you already have an attorney, the Court will appoint one to represent you (§ 21-2041(d)).
• The right to be present at the hearing unless good cause is shown for your absence (§ 21-2041(h)).
• The right to present evidence and to cross-examine witnesses, including the court-appointed examiner and visitor (§ 21-2041(h)).
• The right to have the hearing closed if you or your counsel so request (§ 21-2041(h)).
• The right to an examination by a qualified examiner and an interview by a visitor (§ 21-2041(d)).
• The right to have the Court consider less restrictive alternatives and appoint a limited guardian/conservator where appropriate.
• If a guardian/conservator is appointed, you may lose certain rights, which the Court's order will specify.

PART 5 — EXAMINER'S REPORT / EVALUATION (Placeholder) (§ 21-2041(d), (g))

Examiner signature: [____________________________] Date: [__/__/____]

PART 6 — PRIORITY / BOND

6.1 Priority of Guardian / Conservator (§ 21-2043)

Nominated guardian/conservator and priority basis: [________________________________]
Subject ☐ has ☐ has not nominated a guardian/conservator. Nomination attached as Exhibit [____].

6.2 Bond (Conservator)

☐ Bond requested in the amount of $[____________]
☐ Bond waived because [________________________________]
☐ Assets to be placed in a restricted account

PART 7 — PROPOSED ORDER (§ 21-2044; § 21-2057)

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came before the Court on the Petition. Having considered the petition, the examiner's report, the visitor's report, the report of the subject's counsel, the notice given, and the evidence, the Court FINDS:

1. ☐ Notice was given as required by D.C. Code § 21-2042 and the rules.
2. ☐ The subject is an incapacitated individual within the meaning of D.C. Code § 21-2011(11).
3. ☐ Appointment of a guardian/conservator is necessary and is the least restrictive intervention.
4. ☐ The proposed guardian/conservator has priority under § 21-2043 and is suitable.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian (☐ general ☐ limited) of the person ☐ Conservator of the estate of [SUBJECT NAME].
• Powers granted and limitations: [________________________________]
• Conservator shall file bond of $[____________] or bond is waived; assets ☐ restricted.
• Conservator shall file an inventory and accountings as required.
• Mandatory court review under § 21-2045.01 set for [__/__/____].
• Letters shall issue upon qualification and acceptance (§ 21-2045).

Dated: [__/__/____] [____________________________]
Judge, Superior Court of the District of Columbia

SOURCES AND REFERENCES

• D.C. Code § 21-2041 (Procedure for court-appointment of a guardian) — https://code.dccouncil.gov/us/dc/council/code/sections/21-2041
• D.C. Code §§ 21-2042–21-2049 (Guardians of Incapacitated Individuals — Subchapter V)
• D.C. Code § 21-2051 et seq. (Protective Proceedings — Conservators)
• D.C. Code § 21-2011 (Definitions — incapacitated individual)
• D.C. Guardianship, Protective Proceedings, and Durable Power of Attorney Act (D.C. Code § 21-2001 et seq.)
• Superior Court of the District of Columbia, Probate Division — Guardianship/Intervention resources

END OF PACKET