[COURT SEAL OR HEADING]
IN RE: )
)
Guardianship of ) Case No.: [_]
[WARD FULL LEGAL NAME], ) Judge: [_]
An Alleged [Minor / Incapacitated )
Person] )
______)
PETITION FOR APPOINTMENT OF [TEMPORARY / LIMITED / GENERAL]
GUARDIAN OF [MINOR / INCAPACITATED PERSON]
[// GUIDANCE: The Probate Division of the D.C. Superior Court has exclusive jurisdiction over guardianship proceedings under D.C. Code Title 21. Verify the correct case type code (e.g., “INT” for incapacitated adults or “GDN” for minors) before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction & Venue
- Parties
- Factual Allegations & Grounds for Guardianship
- Compliance with Guardianship Standards
- Proposed Guardian’s Representations & Warranties
- Bond & Liability Allocation
- Reporting & Ongoing Duties
- Protective Orders & Injunctive Relief
- Prayer for Relief
- Verification, Signature & Notarization
1. DOCUMENT HEADER
1.1 Effective Date. This Petition is filed on [DATE].
1.2 Governing Law. This proceeding is governed by D.C. guardianship law, including D.C. Code Title 21, and relevant Probate Division Rules.
1.3 Forum Selection. All matters shall be heard exclusively by the Superior Court of the District of Columbia, Probate Division (“Court”).
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Alleged Incapacitated Person” or “AIP” means the individual identified in Section 4.2 whom Petitioner believes is unable to manage his or her own affairs.
“Bond” means the court-approved fiduciary bond required under applicable law and Court order.
“Guardian” means the person appointed by the Court with the powers and duties described in D.C. Code Title 21 and any order of this Court.
“Reporting Requirements” means the initial care plan, annual reports, and any other filings mandated by statute, regulation, or Court order.
“Ward” means the AIP after a guardian has been appointed.
3. JURISDICTION & VENUE
3.1 Subject-Matter Jurisdiction. The Court has subject-matter jurisdiction pursuant to D.C. Code § 11-921(a)(5) and Title 21.
3.2 Venue. Venue is proper in the District of Columbia because the AIP is domiciled and/or physically present in the District.
4. PARTIES
4.1 Petitioner.
a. Name: [PETITIONER FULL LEGAL NAME]
b. Relationship to AIP: [STATE RELATIONSHIP]
c. Address & Contact: [ADDRESS, PHONE, EMAIL]
4.2 Alleged Incapacitated Person (AIP).
a. Name: [AIP FULL LEGAL NAME]
b. Date of Birth: [DOB]
c. Current Residence: [ADDRESS / FACILITY]
4.3 Proposed Guardian.
a. Name: [PROPOSED GUARDIAN NAME]
b. Relationship to AIP: [RELATIONSHIP]
c. Address & Contact: [ADDRESS, PHONE, EMAIL]
[// GUIDANCE: If requesting co-guardians, duplicate Section 4.3 for each nominee and include their respective consents.]
5. FACTUAL ALLEGATIONS & GROUNDS FOR GUARDIANSHIP
5.1 Incapacity. Petitioner alleges that the AIP is unable to receive and evaluate information or make or communicate responsible decisions due to [MENTAL ILLNESS / COGNITIVE IMPAIRMENT / PHYSICAL DISABILITY / OTHER], thereby meeting the statutory definition of “incapacitated individual.”
5.2 Recent Examinations. A clinical evaluation by [EXAMINER NAME, CREDENTIALS] dated [DATE] is attached as Exhibit A and supports the finding of incapacity.
5.3 Necessity. No less-restrictive alternatives (e.g., power of attorney, supported decision-making) are adequate, available, and appropriate.
5.4 Proposed Scope. Petitioner seeks a [LIMITED / GENERAL] guardianship, granting authority over [PERSONAL / HEALTHCARE / RESIDENTIAL] decisions as detailed in Section 6.2.
6. COMPLIANCE WITH GUARDIANSHIP STANDARDS
6.1 Statutory Standards. This Petition satisfies the pleading requirements of D.C. Code Title 21, including:
a. Identity and address of the Petitioner and the proposed Guardian;
b. Nature and extent of the AIP’s alleged incapacity;
c. Facts supporting the need for guardianship;
d. Information concerning the AIP’s estate, if known; and
e. Nomination or preference of the AIP, if any.
6.2 Requested Powers. Petitioner requests the Court confer authority to:
i. Consent to routine and emergency medical treatment;
ii. Determine residential placement within the District or elsewhere, subject to Court approval for out-of-state placements;
iii. Apply for and manage public benefits on behalf of the Ward;
iv. Access and manage the Ward’s personal records;
v. Such other powers as the Court deems necessary.
6.3 Least-Restrictive Means. Petitioner affirms that each requested power is the least-restrictive alternative consistent with the Ward’s welfare and safety.
7. PROPOSED GUARDIAN’S REPRESENTATIONS & WARRANTIES
The proposed Guardian represents, warrants, and covenants to the Court as follows:
7.1 Eligibility. They are not disqualified under D.C. Code Title 21 or Probate Rule 308 (e.g., not a minor, not convicted of a felony involving moral turpitude).
7.2 Fiduciary Duty & Indemnification. The Guardian acknowledges a continuing fiduciary duty of loyalty and care to the Ward and agrees to indemnify the Ward’s estate for losses resulting from breach of duty or gross negligence.
7.3 Conflicts of Interest. No material conflict exists, or any potential conflict has been fully disclosed in Exhibit B.
7.4 Oath of Guardian. The Guardian will execute the statutory oath prior to letters of guardianship being issued.
8. BOND & LIABILITY ALLOCATION
8.1 Bond Requirement. Consistent with D.C. Code Title 21 and Probate Rule 315, Petitioner requests the Court set bond in the amount of $[AMOUNT OR “AS DETERMINED BY THE COURT”], with surety acceptable to the Register of Wills.
8.2 Liability Limitation. The Guardian’s personal liability shall be limited to the amount of the posted bond, except for willful misconduct or gross negligence.
8.3 Insurance. Petitioner alternatively requests authority to satisfy the bond requirement through a court-approved fiduciary liability insurance policy.
[// GUIDANCE: If requesting a waiver of bond, state statutory grounds (e.g., small estate, corporate surety). Provide supporting affidavits.]
9. REPORTING & ONGOING DUTIES
9.1 Initial Care Plan. Within forty-five (45) days of appointment, the Guardian will file an Initial Guardian’s Report and Care Plan.
9.2 Annual Reports. The Guardian will file annual reports, including a physician’s certificate, no later than thirty (30) days after the anniversary of the appointment.
9.3 Court Monitoring. The Guardian shall cooperate with any Court-appointed visitor, examiner, or auditor.
9.4 Record-Keeping. The Guardian shall maintain contemporaneous records of all decisions, expenditures, and significant events and retain such records for at least three (3) years after termination of the guardianship.
10. PROTECTIVE ORDERS & INJUNCTIVE RELIEF
10.1 Immediate Relief. Pursuant to Probate Rule 325, Petitioner requests any temporary protective orders necessary to prevent imminent harm to the AIP.
10.2 Injunctive Authority. The Court is requested to enjoin all persons from interfering with the Guardian’s lawful duties once letters are issued.
11. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
a. Schedule and issue notice of a hearing on this Petition;
b. Appoint [PROPOSED GUARDIAN NAME] as [TEMPORARY / LIMITED / GENERAL] Guardian of the Person of [AIP NAME];
c. Set bond in the amount of $[AMOUNT] or waive bond as requested;
d. Issue letters of guardianship upon qualification;
e. Grant such protective orders as the Court deems just and proper; and
f. Award any additional relief the Court finds equitable.
12. VERIFICATION, SIGNATURE & NOTARIZATION
I, [PETITIONER NAME], being duly sworn, depose and say that I am the Petitioner in the foregoing matter; that I have read the foregoing Petition and know the contents thereof; and that the statements made therein are true and correct to the best of my knowledge, information, and belief.
DATED: [DATE]
[PETITIONER NAME]
Petitioner
STATE / DISTRICT OF COLUMBIA )
) SS:
COUNTY / WARD OF ___ )
Subscribed and sworn before me this ___ day of _, 20_, by [PETITIONER NAME]__.
Notary Public
My Commission Expires: _______
EXHIBIT CHECKLIST
A. Medical or Psychological Evaluation
B. Conflict-of-Interest Disclosure (if any)
C. Proposed Guardian’s Consent & Oath
D. Bond or Insurance Documentation (if available)
E. Proposed Order (optional but recommended)
[// GUIDANCE: Attach DC Superior Court Probate Division forms (e.g., GF-1, GF-3) as required. Confirm that all interested parties are served per Probate Rule 311, and file a Certificate of Service.]