Probate Division - Foreign Intervention Proceedings (FOI)
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General Information
A conservator of an incapacitated adult who has been appointed by another state but needs to transact business in the District of Columbia can open a Foreign Intervention (FOI) case in the District of Columbia if (1) no conservator has been appointed in the District and (2) no petition for a protective proceeding is pending in the District. After the documents required by D.C. Code, sec. 21-2077 and Superior Court, Probate Division Rule 361 and described below are filed and an FOI case is opened, the foreign conservator can exercise all powers of a conservator appointed by the Court in the District of Columbia and maintain actions and proceedings in the District subject to any conditions imposed upon nonresident parties. Note that the Court in the District does not appoint the foreign conservator but simply gives full faith and credit to the conservator’s appointment by another court. When the documents are filed, the Probate Division can issue a Certificate of Absence of Pending Proceeding (indicating that no protective proceeding is pending in the District of Columbia) and/or a Certificate of Compliance (indicating that the foreign conservator has filed all items that must be filed before the foreign conservator can act as a conservator in the District). There is no cost for opening a Foreign Intervention case. However, there is a $25.00 fee in cash or by check or money order payable to "Register of Wills" for the issuance of a Certificate of Absence of Pending Proceeding and a $5.00 fee for a Certificate of Compliance.
Items Needed To Open a Foreign Intervention Case
- Copies of the foreign conservator’s letters of appointment and of any bond authenticated in accordance with 28 U.S.C. 1738. Such authenticated documents are informally referred to as documents that are exemplified or triple sealed.
- An Appointment of Agent to Accept Service of Process form. This document must be signed by the conservator and by the agent, who must have a District of Columbia residence or business address.
Frequently Asked Questions
What is an FOI case?
FOI means "Foreign Intervention" proceeding. When a conservator or guardian appointed in another state needs to use their authority in the District of Columbia, that person can open a foreign intervention proceeding here. No conservator or guardian will be appointed in the District of Columbia. However, when the appropriate documents are filed and the fees are paid, the Court allows the opening of a foreign intervention (FOI) case, thus giving full faith and credit to the appointment of the guardian or conservator in the other state. Such cases are often opened to transfer realty located in the District of Columbia but owned by someone who is the subject of an intervention proceeding in another state.
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Where can I find a copy of the rules or laws governing foreign intervention proceedings?
- Superior Court, Probate Division Rule 361 governs foreign conservators and is available on the Probate homepage. Click on "Superior Court Rules for the Probate Division."
- The law is contained in D.C. Code, sec. 21-2077 and is available online on the Council of the District of Columbia’s website. Click on "View DC Official Code: click here."
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What are the Court costs for filing a foreign intervention?
There is no cost to file a Foreign Intervention case. The filer may order the following documents at filing:
- A Certificate of Absence of Pending Proceeding, which states that there is no proceeding for the person pending in the District of Columbia except the foreign intervention. The certificate costs $25.00 payable to "Register of Wills."
- A Certificate of Compliance, which states that the foreign conservator has filed what he needs to file with the Probate Division to comply with District of Columbia law. This certificate costs $5.00 payable to "Register of Wills."
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What must be filed to open a foreign intervention (FOI)?
A foreign intervention can be opened in the District of Columbia only if no conservator has been appointed in the District of Columbia and no protective proceeding is pending in the District of Columbia. The following must be filed:
- Copies of the letters of appointment and the bond (if any) from the state in which the appointment was made authenticated in accordance with 28 U.S.C. 1738 (that is, triple sealed or exemplified).
- The form titled Appointment of Agent To Accept Service of Process.
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Are any Letters issued to show that a foreign intervention has been opened or is any order of appointment issued in the District of Columbia?
No. When the two items described above have been filed, the filer can exercise all powers of a conservator appointed in the District of Columbia as to assets in the District and may pursue actions and proceedings subject to any conditions imposed upon nonresident parties.
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