No. A petition for the appointment of a guardian of the estate of the minor should be filed in the state where the minor lives.
Sometimes, waiting is possible. For example, if the asset consists of the proceeds of an insurance policy and the company has a procedure for holding the assets, waiting may be an option. If the minor is seventeen and will emancipate soon, waiting may be an option. Each situation is different. Consult counsel for options.
A general guardian has full legal power to handle all medical, legal, and residency matters on behalf of a ward for the ward’s lifetime or until the guardian resigns or is removed by the Court. A limited guardian can only handle specific medical care or legal issues as directed by the Court.
Generally, the type and amount of assets - the assets of a small estate are $40,000.00 or less for people who died after April 26, 2001. A large estate can be opened for an estate of any value.
When a petition for a general proceeding is filed, the law in the District of Columbia requires that the Court appoint an attorney to represent the subject. The Court does not appoint an attorney for the petitioner, and the Court-appointed counsel does not represent the petitioner.
CON is a conservatorship case. Such cases were opened prior to September 30, 1989 for the appointment of a conservator of the property of an incapacitated adult and, sometimes, the conservator of the person of an incapacitated adult. Such cases are now opened as INT or IDD cases.
A ward is a person who has been found to be incapacitated by the Court.
A visitor is an officer, employee, or special appointee of the Court who has no personal interest in the proceeding. A visitor reports to the Court on the ward’s current situation and living conditions. A visitor is usually a social worker. DC Code, sec. 21-2033(c) and Superior Court, Probate Division Rule 327 state the duties of a visitor.
A subject is the person who is alleged to be incapacitated.
