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.
The powers and duties of a guardian are set forth at DC Code, sec. 21-2047 and in the Specific Instructions to Guardians and Guardianship Information Sheet.
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.
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 Notice of Death should be filed, and a Petition Post Appointment for the appointment of a successor should be filed.
Court costs are paid with the first account. Additional costs may be owed with subsequent accounts if additional assets are received.
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 DC 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.
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.
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.
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.
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.