Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian is a commonly used form within District of Columbia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian:

• This form pertains to the State of District of Columbia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about District of Columbia’s Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct District of Columbia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some District of Columbia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian, take a break, and then review. Probate and estate settlement processes in DC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in District of Columbia.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster District of Columbia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in District of Columbia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of District of Columbia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for District of Columbia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local District of Columbia probate clerk or court for exact answers regarding Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian, and when in doubt— consult a qualified trust & estates lawyer for that area.

Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian is one of the many probate court forms available for download through Atticus.

It may also be available through some District of Columbia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within District of Columbia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the District of Columbia probate court office.

Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any District of Columbia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on District of Columbia Form Case Initiation (Int) - Petition For Appointment Of Temporary Guardian And Order Appointing Temporary Guardian. You can use this to get an idea of the context of the form and what type of information is needed.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re: ________________________________ An Adult PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN [ ] Emergency guardian for up to 21 days based on a life-threatening situation or situation involving emergency care when no other person appears to have authority to act under the circumstances. [ ] Health care guardian for up to 90 days when there is no guardian, there are two certifications of incapacity under D.C. Code, sec. 21-2204, and no other person appears to have authority to act under the circumstances. [ ] Provisional guardian for up to six months based on a finding that any guardian is not effectively performing said guardian’s duties and the welfare of the ward requires immediate action. [ ] Extension of appointment [ ] Emergency guardian to serve as health care guardian [ ] Health care guardian to serve an additional 90 days. 1. Petitioner’s name ______________________________________________________________ 2. Subject a. Name: ______________________________________________________________ b. Age: ______________________________________________________________ c. Address: ______________________________________________________________ ______________________________________________________________ d. Telephone: ______________________________________________________________ e. Specific reasons why the subject is incapacitated (i.e., the diagnoses): ______________________________________________________________ ______________________________________________________________ 3. Nominated guardian and/or conservator if not petitioner a. Name ______________________________________________________________ b. Address ______________________________________________________________ ______________________________________________________________ April 2014 – 927.10.v4 c. Entitled to serve because ______________________________________________________________ ______________________________________________________________ 4. The Court has jurisdiction because a. D.C. Code, sec. 21-2402.03 [ ] The District of Columbia is the subject’s home state as defined in D.C. Code, sec. 21-2402.01(a)(2). [ ] The District of Columbia is a significant connection state as defined in D.C. Code, sec. 21-2402.01(a)(3) and one of the following applies: 1. [ ] The subject does not have a home state. 2. [ ] The home state court has declined to exercise jurisdiction because the District of Columbia is the more appropriate forum. 3. [ ] No petition or order is pending before the home state or a significant connection state. [ ] The District of Columbia is not the home state or a significant connection state, but the home state and all significant connection states decline to exercise jurisdiction and jurisdiction in the District of Columbia is more appropriate and consistent with Title 11 and the Constitution. [ ] Special jurisdiction exists in accordance with D.C. Code, sec. 21-2402.04 for the following: [ ] Issuance of a protective order as to real or tangible personal property located in the District of Columbia [ ] Appointment of a guardian or conservator for whom a provisional order to transfer a proceeding from another state has been issued. b. Other basis for jurisdiction: _____________________________________________ _________________________________________________________________________ _________________________________________________________________________ 5. Appointment of the following is necessary because [ ] Emergency guardian for up to 21 days [ ] There is no guardian and no other person with authority to act under the circumstances, and there is [ ] A life-threatening situation. State the nature of such situation: ______________________________________________________________ ______________________________________________________________ ____________________________________________or [ ] A situation involving emergency care. State the nature of such situation. (This relief should be requested only when immediate treatment, including diagnostic treatment, is needed in response to a sudden, acute, and unanticipated medical crisis to avoid injury, extreme pain, impairment, or death.) _______________________________________________________ ______________________________________________________________ [ ] Health care guardian for up to 90 days [ ] There is no guardian and no other person with authority to act under the circumstances, and April 2014 – 927.10.v4 [ ] The incapacity of the subject has been certified pursuant to D.C. Code, sec. 21- 2204 by two professionals, one of whom is a physician and one of whom is a qualified psychologist or psychiatrist and one of whom examined the subject within 1 day preceding the certification. [ ] Provisional guardian for up to 6 months [ ] The existing guardian is not effectively performing the duties of a guardian and the welfare of the ward requires immediate action. [ ] The name, address, and telephone number of the existing guardian are ___________________________________________________________________ [ ] The length of time for which the provisional guardian should be appointed is ___________________________________________________ [ ] Extension of appointment [ ] Emergency guardian be allowed to serve as health care guardian. [ ] Health care guardian be appointed for an additional 90 days (1) because of the continued incapacity of the subject and the continued need to provide substituted consent in accordance with D.C. Code, sec. 21-2210 for any health care service, treatment, or procedure or (2) because a petition for appointment of a limited or general guardian was filed before the current appointment of a health care guardian expired but has not yet been heard by the Court. 6. For requests for an emergency guardian or health care guardian, petitioner has [ ] Attached two certifications of incapacity in accordance with D.C. Code, sec. 21- 2204 and asks that the appointment of an examiner be waived. [ ] Has not attached two certifications of incapacity, so an examiner must be appointed. [ ] Has attached two certifications of incapacity and requests appointment of an examiner. 7. A Guardian ad litem is a person appointed by the court at the beginning of an intervention proceeding to help the subject determine the subject’s interest in the proceeding or to make that determination for the subject if the subject is unconscious or otherwise wholly incapable of making such a determination, even with assistance. Petitioner asks the court to [ ] Appoint a Guardian ad litem [ ] Not appoint a Guardian ad litem 8. If there is any person who otherwise appears to have authority to act under the circumstances, provide an explanation as to why appointment of an emergency guardian or a health care guardian is being sought: _________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 9. Persons to whom notice will be sent pursuant to D.C. Code, secs. 21-2042 and 21- 2402.08 and Superior Court, Probate Division Rule 325, including name, address, and telephone number: April 2014 – 927.10.v4 a. Spouse. (If none, adult children. If none, parents. If none, at least one of the nearest adult relatives of the subject.): Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ b. Counsel to the subject: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ c. Attorney in fact nominated in durable power of attorney as guardian and/or conservator and any previously appointed guardian and/or conservator and the custodian of the subject: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ d. All persons entitled to notice if this petition had been filed in the subject’s home state: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Phone: _____________________________________________ 10. No guardian or conservator has been appointed in any other jurisdiction and there are no pending proceedings in any other jurisdiction to do so except _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 11. Petitioner seeks the following relief: [ ] Appointment of an emergency or health care guardian with [ ] All powers under D.C. Code, sec. 21-2047.02 including the power to [ ] Grant, refuse, or withdraw consent to medical examination and health care treatment. [ ] Obtain medical records to provide substituted consent pursuant to D.C. Code, sec. 21-2210. [ ] Exercise the status of a legal representative under Chapter 12 of Title 7. [ ] For a health care guardian only and only when there is no durable power of attorney, all powers under D.C. Code, sec. 21-2210 including [ ] Granting, refusing, or withdrawing consent to the provision of any health care service, treatment, or procedure, [ ] Certain enumerated powers: _______________________ __________________________________________________ April 2014 – 927.10.v4 [ ] Appointment of a provisional guardian: ______________________________________________________________ Name if a specific appointment is requested or a disinterested member of the Bar will be appointed. ______________________________________________________________ Address ______________________________________________________________ Telephone _______________________________________ Signature of filer _______________________________________ Typed name of filer _______________________________________ Address (actual address/not Post Office Box) _______________________________________ _______________________________________ _______________________________________ Telephone number _______________________________________ Email address _______________________________________ Unified Bar number (if filer is an attorney) VERIFICATION I, ____________________________, being first duly sworn, on oath, depose and say that that I have read the foregoing pleadings by me subscribed and that the facts therein stated are true to the best of my knowledge, information, and belief. _________________________________ Signature of petitioner Subscribed and sworn to before me this ____ day of _________________, 20______. _________________________________ Notary Public/Clerk April 2014 – 927.10.v4 CERTIFICATE OF SERVICE I certify that on the ____ day of ____________________, 20____, a copy of this filing was either eServed in accordance with the provisions of Administrative Order 13-15 or served by first class mail, postage prepaid, on the following persons (list names and complete mailing addresses): _________________________________ Signature __________________________________ Signature of Attorney __________________________________ Typed Name of Attorney __________________________________ Address (Actual address/not Post Office Box) __________________________________ _______________________________________ Telephone Number _______________________________________ Email address _______________________________________ Unified Bar number April 2014 – 927.10.v4 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re: ________________________________ An Adult ORDER APPOINTING TEMPORARY GUARDIAN Upon consideration of the Petition for Appointment of Temporary Guardian filed on the ________ day of __________________, 20______, by _________________________ it is by the Court this __________ day of ______________, 20______, hereby [ ] ORDERED that the petition is dismissed. [ ] ORDERED that it appearing that _____________________________________ is an incapacitated person for whom (1) no guardian is in place, (2) no other person appears to have authority to act under the circumstances, and (3) a life-threatening situation or a situation involving emergency care exists within the meaning of the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986, as amended by the Health-Care Decisions for Persons with Developmental Disabilities Act, ______________________________________, whose address and telephone number are _________________________________________________________________________ be and hereby is appointed as emergency guardian for a period not to exceed 21 days from the date of this order; [ ] ORDERED that it appearing that _____________________________________ is an incapacitated person for whom (1) no guardian is in place, (2) no other person appears to have authority to act under the circumstances, and (3) two certifications of incapacity have been presented to the Court in accordance with D.C. Code, sec. 21-2204, ______________________________________, whose address and telephone number are _________________________________________________________________________ be and hereby is appointed as health care guardian for a period not to exceed 90 days from the date of this order; [ ] ORDERED that it appearing that a guardian has been appointed but that the guardian is not effectively performing the duties of a guardian and the welfare of the ward requires immediate action, (1) ______________________________________, whose address and telephone number are _____________________________________________ _____________________________________________, be and hereby is appointed as provisional guardian for a period not to exceed six months from the date of this order, and (2) the authority of _______________________, the guardian previously appointed by the Court, is suspended for the duration of the appointment of the provisional guardian; [ ] ORDERED that the appointment of __________________________ as emergency guardian be and hereby is extended until _____________________, 20__ (said extension not to exceed 90 days), during which period, _____________________ shall serve as health care guardian; [ ] ORDERED that it appearing that (1) __________________________________ is still an incapacitated person and (2) there is a continued need to provide substituted consent in accordance with D.C. Code, sec. 21-2210 for any health care service, treatment, or procedure or (3) a petition for appointment of a limited or general guardian was filed before the current appointment of the health care guardian expired but has not yet been April 2014 – 927.10.v4 heard by the Court, the appointment of __________________________ as health care guardian be and hereby is extended for one additional period of 90 days; [ ] ORDERED that the emergency or health care guardian shall have the powers and duties set forth in D.C. Code, secs. 21-2047.01 and 21.2047.02 and shall (1) become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know the ward’s capacities, limitations, needs, opportunities, and physical and mental health; (2) make decisions on behalf of the ward by conforming as closely as possible to a standard of substituted judgment or if the ward’s wishes are unknown and remain unknown after reasonable efforts to discern them, make decisions on the basis of the ward’s best interests as that term is defined by the Health-Care Decisions for Persons with Developmental Disabilities Act; (3) encourage the ward to participate with the guardian in the decision-making process to the maximum extent of the ward’s ability in order to encourage the individual to act on his or her own behalf whenever able to do so and to develop or regain capacity to make decisions in those areas in which decision-making assistance is needed to the maximum extent possible; and (4) make any report that the Court requires; [ ] ORDERED that the emergency or health care guardian may [ ] Grant, refuse, or withdraw consent to medical examination and health care treatment for which the individual has been deemed incapacitated pursuant to D.C. Code, sec. 21-2204; [ ] Obtain medical records for the purpose of providing substituted consent pursuant to D.C. Code, sec. 21-2210; [ ] Have the status of a legal representative under Chapter 12 of Title 7; [ ] ORDERED that the power of any emergency, health care, or provisional guardian shall be limited as provided by D.C. Code, sec. 21-2047.01; [ ] ORDERED that it appearing that the ward did not have a durable power of attorney for health care and that the certifications of incapacity required by D.C. Code, sec. 21-2204 have been provided, the powers as health care guardian shall include the power to grant, refuse, or withdraw consent to the provision of any health care service, treatment, or procedure in accordance with D.C. Code, sec. 21-2210; [ ] ORDERED that the powers of the emergency, health care, or provisional guardian shall be limited to the following: _______________________________________ _________________________________________________________________________ _________________________________________________________________________ [ ] ORDERED that bond is set in the amount of $___________________________ [ ] ORDERED that ___________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ____________________________ JUDGE Copies to: (Insert list of names and addresses of all interested persons. Attach additional sheet if necessary.) April 2014 – 927.10.v4 cc: April 2014 – 927.10.v4 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re: ________________________________ An Adult ORDER_APPOINTING COUNSEL, EXAMINER, VISITOR, AND/OR GUARDIAN AD LITEM Upon consideration of the petition filed herein on the ______ day of ____________, 20______, the Court sets a hearing date and makes the following appointments this ____ day of ______________________, 20______, [ ] ORDERED that a hearing will be held on__________________, 20______, at __________ o’clock a.m./p.m. in Room 4220 of the Superior Court of the District of Columbia, 500 Indiana Avenue, NW, Washington, DC, before Judge in Chambers, and it is further [ ] ORDERED that the following persons are appointed and shall attend unless excused by the Court: [ ] Counsel: _____________________________ is appointed counsel for _________________________________, the subject of the above proceeding. The counsel shall have access to any current medical, psychological, or sociological evaluation records of the subject. Counsel shall perform the duties set forth in D.C. Code, sec. 21-2033(b) and Superior Court, Probate Division Rule 305 and represent the subject at the hearing. Counsel shall forthwith file a Notice of Appearance pursuant to Superior Court, Probate Division Rules 321(d) and 305(a)(2). [ ] Examiner: ______________________________________ is appointed examiner and shall have access to any current medical, psychological, or sociological evaluation records of the subject. The examiner shall perform the duties set forth in D.C. Code, sec. 21-2041(d) and/or sec. 21-2054(a) as applicable and Superior Court, Probate Division Rule 326 and submit a report in writing to the Court and mail copies to all persons listed below at least ten (10) days before the hearing. April 2014 – 927.10.v4 [ ] Visitor: ______________________________________ is appointed visitor and shall perform the duties set forth in D.C. Code, sec. 21-2033(c) and Superior Court, Probate Division Rule 327 and submit a report in writing to the court and mail copies to all persons listed below at least ten (10) days before the hearing. [ ] Guardian ad litem: Pursuant to D.C. Code, sec. 21-2033(a) and Superior Court, Probate Division Rule 306, a guardian ad litem is appropriate for the following reasons: ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________________________________________, so ________________________________________ is appointed guardian ad litem herein and shall have access to any current medical, psychological, or sociological evaluation records of the subject for the following purpose(s): [ ] To assist the subject in determining the subject’s interests in regard to this proceeding; or [ ] To make the determination of the subject’s interests in regard to this proceeding if the subject is unconscious or otherwise wholly incapable of determining his/her interests even with assistance; or [ ] To prosecute or defend the interest of ______________ because the Court has determined for reasons stated below that representation would otherwise be inadequate. The guardian ad litem shall not serve as an independent finder of fact, investigator, ombudsman, or other neutral party and shall have the following specific duties in addition to those set forth above: ____________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _______________________________________ JUDGE Copies to: (Insert list of names and addresses of all interested persons. Attach additional sheet if necessary.) April 2014 – 927.10.v4 cc: April 2014 – 927.10.v4 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re: ________________________________ An Adult AFFIDAVIT OF PERSONAL SERVICE I, _____________________________, being first duly sworn, say: That I am over the age of eighteen years and am not a party to the above entitled action and that my address is _________________________________________________ ___________________________________________________________________. On the ________ day of ___________________________________, 20______, I served personally the attached Notice of Hearing on Petition on the person or persons named below by delivery to and leaving with the person or persons at the time and place set forth below a copy of the said notice. Names of Persons Served Address Place of Date of Service Service ____________________ _______________ ______________ ___________ ____________________ _______________ ______________ ___________ ____________________ _______________ ______________ ___________ ____________________ _______________ ______________ ___________ ____________________ _______________ ______________ ___________ _______________________________ Affiant’s Signature Subscribed and sworn to before me this _____ day of___________________, 20______. ____________________________ Notary Public/Clerk April 2014 – 927.10.v4 April 2014 – 927.10.v4 Who to Serve with Petition for Appointment of Guardian and/or Conservator and Notice of Initial Hearing 1. Subject Notice of Hearing (For Subject Only) 2. Relatives of subject: a. Spouse, but if none, b. Adult Children, but if none, c. Parents, but if none, d. At least one nearest adult relative 3. Person already serving as guardian or conservator - or - Person having care and custody of subject 4. Agent or attorney-in-fact nominated in any durable power of attorney signed by subject 5. Any person entitled to support by the subject (Please note that if the person is a minor, the minor’s responsible party must be served.) 6. Any person with higher priority for appointment than person nominated as guardian or conservator in petition 7. Attorney retained by subject or appointed for subject in another proceeding 8. Any person who has filed a request for notice (Not applicable to proceedings on an initial petition.) 9. Any other person directed by the court