Guardianship and Conservatorship

It means giving someone only the help they actually need — not taking away their freedom to make decisions if they are still capable of making decisions.

Examples of Least Restrictive Alternatives:

• Power of Attorney (Planning Ahead): You pick someone you trust to help with money or health decisions if you ever cannot do it yourself.
• Advance Directive (Healthcare Planning): You write down what medical care you want if you cannot speak for yourself.
• Representative Payee: Someone you trust helps manage you Social Security or other government benefits.
• Supportive Decision Making: People you trust help you understand choices, but you still make the final decision.
• Informal Help from Family/Friends/Community Agencies: Someone you trust helps you without any court involvement.

With Guardianship: A judge says someone else makes decisions for you. You may lose certain legal rights.

With Alternatives: You keep as much independence as possible. You get help with what you need, but you're still in charge of your life.

It's the difference between:

• Having someone take over your decisions (guardianship)
• Having someone help you with your life (alternatives)

The Goal: Give people the support they need while respecting their dignity and freedom to make their own choices.

For additional information on elder law, least restrictive alternatives (LRAs), and support services in Washington, D.C., please visit the following organizations and resources:

To ask the court to appoint a guardian or conservator, you must file several forms:

• Petition for a General Proceeding – this starts the case.
• Medical evidence – a doctor’s report or other proof showing the person needs help.
• Statement of Criminal History – this must be filled out by anyone who wants to be the guardian.
• Notice of Hearing to the Subject – lets the person who may need help know about the hearing.
• Notice of Hearing to Other People – lets close family or others know about the case.
• Order Appointing Counsel, Examiner, Visitor, and/or Guardian ad Litem – this helps the court assign people to review the case.

If you are asking for emergency help, you may also need to file an Order for Temporary Relief.

If you are asking the court to appoint a conservator or issue a protective order, you must also pay a $45.00 filing fee. You can file your case in person, by mail, or by online.

If you can’t afford the fee, you can ask the court to waive the fee. Complete a Fee Waiver Application and give it to the court when you file your petition.

Once you file your petition with the Probate Division, court staff will review it to make sure:

• You included all the required documents
• Everything meets basic legal requirements

If everything is in order, the court will:

• Set a hearing date for about one month later
• Send the case to a judge to review

The judge will decide whether to appoint:

• A lawyer for the person needing help (the subject)
• A court examiner, visitor, or guardian ad litem if requested and approved

If you asked for emergency help—like freezing bank accounts or paying urgent bills—the judge will review that request and decide whether to approve it. If approved, the judge will sign an order.

Copies of all court orders will be:

• Mailed or sent electronically to the person who filed the case (the petitioner)
• The petitioner’s lawyer (if any)
• The person needing help (the subject)
• Any others involved in the case

If a conservator is appointed, the conservator must:

• File an Inventory and Plan within 90 days (a list of what the person owns and how it will be managed),
• File a yearly account on the anniversary of their appointment (plus 30 days).

If a guardian is appointed, the guardian must:

• Get a police background check from the Metropolitan Police Department within 60 days,
• Get an FBI fingerprint check within 180 days,
• File a Guardianship Plan within 90 days (explaining how the person will be cared for),
• File a Report of Guardian at least every 6 months after that.

If anything looks wrong in the background checks, the judge may schedule a hearing. The judge could decide to remove the guardian and choose someone else.