Getting Started - Can I still file in the District of Columbia even though the subject has been moved to a nursing home in another state?
Generally, the petition should be filed in the jurisdiction in which the person lives.
Intervention Proceedings (INT/IDD)
Getting Started - Do I need an attorney?
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.
Getting Started - Do I need a doctor’s report to open a case for the appointment of a guardian and/or conservator?
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.
Getting Started - How can I get appointed quickly for emergency medical treatment? How can I get a faster hearing date?
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.
Getting Started - How can I request a hearing when no case is open?
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.
Getting Started - How do I become a conservator?
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.
Getting Started - How do I become a guardian?
A person becomes a guardian when the Court appoints that person guardian in response to the filing a petition for a general proceeding.
Getting Started - If I have a problem accessing or completing the forms online, who can be contacted?
Email the DC Courts Webmaster at webmaster [at] dcsc.gov (webmaster[at]dcsc[dot]gov).
Definition - What is a conservator? What qualifies someone to become a conservator?
A conservator is someone who is appointed by the Court in response to the filing of a petition for a general proceeding to handle income or assets of the ward for the support, care, and welfare of the ward so that they will not be wasted or dissipated.
Definition - What is a guardian ad litem?
A guardian ad litem helps the subject determine the subject’s interests in regard to the petition for a general proceeding. If the subject is unconscious or otherwise wholly incapable of determining his or her interests even with assistance, the guardian ad litem makes that determination. The need for such an appointment depends upon the circumstances of the case, and appointment of a guardian ad litem is not requested very often.