Probate Division - Conservatorship (CON)
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General Information
CON cases are adult conservatorships established before the effective
date of the Guardianship Protective Proceedings and Durable Power of
Attorney Revision Amendment Act of 1989. Usually in these cases
only a conservator of the property of a disabled adult was appointed,
although sometimes a conservator of the person was also appointed.
As of October 2009, there are 95 cases pending, which typically
involve the filing of the annual accounts.
The Guardianship Protective Proceedings and Durable Power of
Attorney Revision Amendment Act of 1989 resulted in the creation of
Intervention case type (INT/IDD). No further CON cases have been
opened since the establishment of the INT/IDD case type.
The old law conservatorship statute may be found at D.C. Code, secs.
21-1501, et seq., at your local library. Look for the 1973 edition of
the D.C. Code.
Forms
Conservatorship Forms (CON)
Frequently Asked Questions
How often do you have to
file an account?
Accounts are due annually from the date
of appointment.
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Can I mail in my account/inventory?
Yes, you may mail them to the Probate Division, but
it is preferable to file in person so that they may be reviewed
for completeness.
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Must original bank statements
and original checks be filed with accounts?
No, copies are acceptable provided that the originals
are exhibited at the time of filing.
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What does the clerk's office consider in determining whether an inventory, account, report of guardian or petition for compensation is acceptable for filing?
To see the filing checklist, click here.
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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_con.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.
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