File a Petition Post Appointment to remove a guardian. Be specific regarding the reasons for removal. A hearing will be held. The Judge will consider the contents of the petition and the evidence presented at the hearing and decide whether to remove the guardian and whether a successor guardian should be appointed. The successor may be the petitioner, a relative or friend of the ward, or an attorney from the Court’s fiduciary panel.
Discovery in intervention cases occurs only with the Court’s permission. File a motion requesting permission to issue a subpoena that includes a description of the information that you are seeking and a proposed order. If the Court grants the motion, counsel can issue the subpoena. Persons who are not represented by counsel must come to the Probate Division, Probate Clerk’s Office with 3 copies of a completed subpoena form and a copy of the Court order authorizing issuance of the subpoena so that the subpoena can be issued.
Yes. A response to a petition for general proceeding may be filed up to five days before the general proceeding and should list any objections for the Judge to consider at the hearing.
The following pleadings must be verified to be filed in the Probate Division:
1. All Petitions - SCR-PD 2(b) and 3
2. Complaints filed in Probate Matters - SCR-PD 107(a), and 208(a)
3. Accounts - DC Code 20-721
4. Inventories - DC Code 20-711
5. Guardian Reports - SCR-PD 328
6. Assignments - SCR-PD 120 and 420
7. Claims - DC Code 20-905(a)
8. Affidavits of Mailing and Non-Mailing in Standard Probate - SCR-PD 403(a)(8)
9. Any Affidavit - SCR-CIV 9
10. Verification and Certificate of Notice - SCR-PD 403(b)(3)
11. 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.
A certificate of service informs the Court that a copy of the document that is being presented for filing has been mailed to all parties. (See above for an explanation of who is a party.) The date that the copy was mailed to each party and the name and complete mailing address of each party must be included in the certificate of service. Many of the forms on this website contain a certificate of service that can be used or used as an example. The names and addresses contained in the certificate of service and the name and address of the person filing the document should also be listed in the “cc” list at the end of the proposed order.
In the District of Columbia, medical records are protected by a doctor-patient privilege set forth in DC Code, sec. 14-307. Unless the person who is the subject of the records or that person’s legal representative consents, a doctor or mental health professional cannot disclose any information, confidential in its nature, obtained while attending the person in a professional capacity that was necessary to enable the doctor or mental health professional to act in a professional capacity. Therefore subpoenas for medical records are issued only if the Court approves a motion for issuance of a subpoena for medical records. The completed subpoena should be attached to the motion so that the Judge can authorize issuance of the subpoena.
The parties in an intervention proceeding include the subject of the proceeding, any guardian or conservator, the person filing the petition to initiate the intervention proceeding, and a creditor filing a petition to determine claim.
Any other person who wishes to participate in the proceeding may file a Petition for Permission to Participate at least 5 days before any hearing. The petition must state how the best interests of the subject will be served by the person’s participation. The Court may confer party status on any participant it deems appropriate.
No, the Judge to whom a report is forwarded cannot be selected by anyone. Each Report of Guardian will be forwarded to the Judge assigned to that particular ward’s intervention case.
In accordance with the law in the District of Columbia, a guardian may establish a residence for the ward outside the District of Columbia.
The Probate staff is available to take the oath required on the petition for a general proceeding or the Report of Guardian.