Pursuant to Superior Court, Probate Division Rule 308(d), any petition for compensation that includes services provided at the initial hearing is served, together with the Notice of Petition for Compensation, on all interested parties, including (1) the subject, ward, or protected individual, (2) a Court-appointed examiner, (3) a Court-appointed visitor, (4) a Court-appointed guardian ad litem, (5) counsel for the subject, (6) any person who has been granted permission to participate, (7) any person who has filed an effective request for notice, and (8) any other person as directed by the Court. The appointment of an examiner, visitor, guardian ad litem, and counsel for the subject and the party status of a petitioner who is not a ward and of any person who has been granted permission to participate terminate after the Court rules on the petition for a general proceeding unless otherwise ordered by the Court. These persons should not be served with subsequent fee petitions unless later appointed or re-appointed by the Court.
Pursuant to Superior Court, Probate Division Rule 308(d), any petition for compensation that includes services provided at the initial hearing is served, together with the Notice of Petition for Compensation, on all interested parties, including (1) the subject, ward, or protected individual, (2) a Court-appointed examiner, (3) a Court-appointed visitor, (4) a Court-appointed guardian ad litem, (5) counsel for the subject, (6) any person who has been granted permission to participate, (7) any person who has filed an effective request for notice, and (8) any other person as directed by the Court. The appointment of an examiner, visitor, guardian ad litem, and counsel for the subject and the party status of a petitioner who is not a ward and of any person who has been granted permission to participate terminate after the Court rules on the petition for a general proceeding unless otherwise ordered by the Court. These persons should not be served with subsequent fee petitions unless later appointed or re-appointed by the Court.
Generally, the petition should be filed in the jurisdiction in which the person lives. You may be able to file in the District of Columbia if (1) the District of Columbia is the home state of the subject or (2) the subject has a significant connection with the District of Columbia and the subject does not have a home state, the home state has declined to exercise jurisdiction, or no petition is pending before the home state, or (3) the District of Columbia is neither a home state nor a significant connection state, but the home state and the significant connection state decline to exercise jurisdiction, and jurisdiction in the District of Columbia is more appropriate.
The Court may waive appointment of an examiner when a report has been submitted in writing to the Court regarding the condition of the allegedly incapacitated individual. If no report is submitted, the court will appoint an examiner.
No; however, the filing of a petition for appointment of a guardian and/or conservator begins a contested legal proceeding (i.e., the person who files the petition bears the burden of proving the incapacity of the subject at a hearing in Court at which evidence can be presented, witnesses can testify and be cross-examined, and legal arguments can be made). Counsel will be appointed to represent the interests of the subject. Counsel is not appointed to represent the petitioner.
Yes. If counsel appointed for the subject believes that it is not advisable for the subject to attend for any reason (such as health issues), counsel can ask the Court to excuse the subject’s appearance by filing a motion to excuse the subject’s or ward’s appearance prior to the hearing. Only the Judge may excuse the subject from the initial hearing.
For life-threatening emergencies or situations involving emergency health care, file a petition for the appointment of a temporary 21-day emergency guardian. This type of petition is referred the day that it is filed to the emergency Judge-in-Chambers at the Court for hearing.
If there is no life-threatening emergency or the situation does not involve emergency health care, the appointment of a 90-day health care guardian may be requested instead. Such petitions are also referred the day of filing to the emergency Judge-in-Chambers.
Another alternative, if there is no life-threatening emergency, is included in the petition for general proceeding in item 12, which allows the petitioner to request temporary relief to preserve property only. If the Court is satisfied with the information provided as to why temporary relief is needed, the Court may schedule a hearing on the issue within 10 days. If a temporary appointment is made at that hearing, the appointment lasts until the hearing regarding the petition for a general proceeding.
If an emergency situation exists, consult your counsel as to the best type of emergency guardianship available for your situation.
File either a petition for a general proceeding or, in an emergency situation, a petition for appointment of an emergency guardian to begin an intervention case and obtain a hearing. The two Notice of Initial Hearing forms must be included with the petition for general proceeding, as is required by Superior Court, Probate Division Rule 325.
A person becomes a conservator when the Court appoints a conservator in response to the filing of a petition for a general proceeding, medical evidence, and all attachments.
A person becomes a guardian when the Court appoints that person guardian in response to the filing a petition for a general proceeding.