Adult Guardianship in Washington DC
Reviewed by DocDraft Legal Team - Washington DC - Last updated October 9, 2026
In Washington DC the Superior Court of the District of Columbia, Probate Division (Register of Wills), hears adult guardianship in a case called an intervention proceeding, under D.C. Code section 21-2001 et seq. The court appoints a guardian for the person and a conservator for the estate, and the adult is called the incapacitated individual, the ward or the subject. The court appoints an examiner, who reports in writing, and a separate visitor, who interviews the person, and the two must be different people. Unless the person is already represented by counsel, the court appoints an attorney for the person. Petition and notice must be personally served at least 14 days before the hearing, and a court case reviewer re-investigates each guardianship every 3 years.
Find out where you stand in Washington DC
What is happening with the adult you are concerned about?
DocDraft provides document preparation, not legal advice.
How does a court decide an adult needs a guardian in Washington DC?
An incapacitated individual is an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the adult lacks capacity to manage all or some financial resources or to meet all or some essential requirements for physical health, safety, habilitation, or therapeutic needs. The court must be satisfied that the appointment is necessary (D.C. Code 21-2044(b)).
Which court and which form start an adult guardianship in Washington DC?
The case is filed in the Superior Court of the District of Columbia, Probate Division (Register of Wills), as an intervention proceeding. Under Probate Rule 301(a), it starts with a petition on the form maintained by the Register of Wills or a form that is substantially similar in format and content. Ask the Register of Wills which form to use.
Does Washington DC require a medical or evaluator report for a guardianship?
Yes. The court appoints an appropriately qualified examiner who submits a written report, and a separate visitor interviews the person; they must be different people. The court may waive the visitor, and may waive the examiner where a written report has already been submitted. Their reports go out no later than 14 days before the hearing.
What rights does the person have in a Washington DC guardianship case?
The petition and notice of hearing must be personally served on the person at least 14 days before the hearing, and the person cannot waive notice. Unless the person is already represented by counsel, the court appoints an attorney. The person must be present at the hearing unless good cause is shown for the absence.
Washington DC's intervention proceeding, separate examiner and visitor, and appointed counsel
Washington DC uses its own vocabulary. The case is an intervention proceeding in the Superior Court of the District of Columbia, Probate Division (Register of Wills), under the Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986, D.C. Code section 21-2001 et seq. A guardian is appointed for the person and a conservator manages the estate of a protected individual; a guardian may be general, limited or temporary. The adult is the incapacitated individual, whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the adult lacks the capacity to manage all or some financial resources or to meet all or some essential requirements for physical health, safety, habilitation, or therapeutic needs (D.C. Code 21-2011(11)). The court may appoint a guardian if satisfied that the individual is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision of the person (21-2044(b)). The court appoints an appropriately qualified examiner who reports in writing and a visitor who interviews the person; they must be separate people, and the court may waive the visitor, and may waive the examiner where a written report has already been submitted. Unless the person is already represented by counsel, the court appoints an attorney, who must represent the person's expressed wishes. The petition and notice must be personally served at least 14 days before the hearing. A licensed social-work case reviewer re-investigates every guardianship every 3 years (21-2045.01).
Relevant Laws
D.C. Code 21-2011 (Definitions)
Defines the court, conservator, protected individual and incapacitated individual, including an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the adult lacks the capacity to manage all or some financial resources or to meet all or some essential requirements for physical health, safety, habilitation, or therapeutic needs.
D.C. Code 21-2044 (Findings and order of appointment)
Lets the court appoint a guardian if satisfied that the individual is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision of the person, and requires the type of guardianship that is least restrictive in duration and scope.
D.C. Code 21-2041 (Petition, examiner, visitor, counsel and hearing)
Governs who may petition, the court-appointed examiner and separate visitor, appointment of an attorney unless the person is already represented by counsel, and the person's presence at the hearing unless good cause is shown for the absence.
Superior Court Probate Division: Intervention Proceedings (INT/IDD)
The court's self-help page for guardianship and conservatorship cases, with the Register of Wills forms and information on filing.
Regional Variances
Washington DC adult guardianship requirements
Court
Superior Court of the District of Columbia, Probate Division (Register of Wills) (D.C. Code 21-2011).
Terms used
Guardian (of the person) and conservator (of the estate); general or limited guardian; temporary guardians (emergency, health-care, provisional). The adult is the incapacitated individual, ward or subject, and a protected individual once a conservator or protective order is made. The case is an intervention proceeding (INT; IDD for intellectual or developmental disability).
Petition form
A petition on the form maintained by the Register of Wills or a form that is substantially similar in format and content (Probate Rule 301(a)). Ask the Register of Wills which forms the court requires.
Incapacity standard and proof
An incapacitated individual is an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the adult lacks the capacity to manage all or some financial resources or to meet all or some essential requirements for physical health, safety, habilitation, or therapeutic needs (D.C. Code 21-2011(11)). The court may appoint a guardian if satisfied that the individual is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision of the person (21-2044(b)).
Medical or evaluator report
The court appoints an appropriately qualified examiner who submits a written report, and a separate visitor who interviews the person; they must be separate persons. The court may waive the visitor, and may waive the examiner where a written report has already been submitted (21-2041(d)). Reports go to those on the appointing order no later than 14 days before the hearing (Probate Rules 309(a)(2), 310(b)(6)).
Notice and service
Petition and notice of hearing personally served on the subject at least 14 days before the hearing (21-2031(b)(2); Probate Rule 301(d)); for persons outside Washington DC, Rule 301(d)(4) allows mailing at least 17 days before. The petition is also served on the subject by first class mail within 3 days of filing (21-2041(c)). The person may not waive notice (21-2042(d)).
Right to counsel
Unless the allegedly incapacitated individual is represented by counsel, the court appoints an attorney to represent the individual in the proceeding (21-2041(d)). Counsel is appointed immediately upon receipt of an emergency guardian petition (21-2046(b)(3)).
Less restrictive alternatives
The court must appoint the type of guardianship that is least restrictive to the incapacitated individual in duration and scope (21-2044(a)); powers may be limited (21-2044(c)). A nomination of a guardian in a durable power of attorney is honored absent good cause (21-2043(b)). Supported Decision-Making Agreements have their own chapter (7-2131 et seq.).
Emergency guardian
The court may appoint an emergency guardian, whose authority may not extend beyond 21 days and cannot be extended, if the individual has no guardian, a life-threatening situation or situation involving emergency care exists, and no other authorized person is reasonably available, capable and willing (21-2046(b); Probate Rule 302(b)(7)). A hearing must be held no later than 48 hours after it is requested.
Bond and reports
The court may require a conservator to furnish a bond (21-2058; Probate Rule 315). A conservator files an inventory within 60 days after appointment (21-2064) and accounts at least annually (21-2065(a)). A guardian reports in writing at least semiannually, first due 6 months after appointment (21-2047(a)(5); Probate Rule 316). The court case reviewer investigates every 3 years (21-2045.01).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement or limited guardianship would meet the need. The court must appoint the type of guardianship that is least restrictive in duration and scope, and a nomination in a durable power of attorney is honored absent good cause.
Prepare the petition with the Register of Wills
Before filing days after startingAsk the Register of Wills which petition and notice forms apply. The petition must be on the form maintained by the Register of Wills or a form substantially similar in format and content, and must state its reasons with specific particularity so the court can decide what class of examiner and visitor should examine the person.
File the petition in Superior Court, Probate Division
At filing days after startingFile the intervention proceeding in the Superior Court of the District of Columbia, Probate Division, with the notice of hearing for the subject, the notice for other persons and a proposed order. The petition must also be served on the subject by first class mail within 3 days of filing.
Serve notice and prepare for the examiner and visitor
At least 14 days before the hearing days after startingPetition and notice of hearing must be personally served on the person at least 14 days before the hearing; for a person outside Washington DC, mailing at least 17 days before is allowed. The person cannot waive notice. Examiner and visitor reports go to those on the appointing order no later than 14 days before the hearing, and unless the person is already represented by counsel, the court appoints an attorney.
Calendar bond, inventory and reports
After appointment days after startingThe court may require a conservator to furnish a bond. A conservator files an inventory within 60 days after appointment and accounts at least annually on the anniversary of appointment. A guardian reports in writing at least semiannually, first due 6 months after appointment, and a court case reviewer investigates every 3 years.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement or limited guardianship would meet the need. The court must appoint the type of guardianship that is least restrictive in duration and scope, and a nomination in a durable power of attorney is honored absent good cause. | durable-power-of-attorney | Before filing |
| Prepare the petition with the Register of Wills | Ask the Register of Wills which petition and notice forms apply. The petition must be on the form maintained by the Register of Wills or a form substantially similar in format and content, and must state its reasons with specific particularity so the court can decide what class of examiner and visitor should examine the person. | - | Before filing |
| File the petition in Superior Court, Probate Division | File the intervention proceeding in the Superior Court of the District of Columbia, Probate Division, with the notice of hearing for the subject, the notice for other persons and a proposed order. The petition must also be served on the subject by first class mail within 3 days of filing. | - | At filing |
| Serve notice and prepare for the examiner and visitor | Petition and notice of hearing must be personally served on the person at least 14 days before the hearing; for a person outside Washington DC, mailing at least 17 days before is allowed. The person cannot waive notice. Examiner and visitor reports go to those on the appointing order no later than 14 days before the hearing, and unless the person is already represented by counsel, the court appoints an attorney. | - | At least 14 days before the hearing |
| Calendar bond, inventory and reports | The court may require a conservator to furnish a bond. A conservator files an inventory within 60 days after appointment and accounts at least annually on the anniversary of appointment. A guardian reports in writing at least semiannually, first due 6 months after appointment, and a court case reviewer investigates every 3 years. | - | After appointment |
Frequently Asked Questions
Other Washington Dc guides
Asset Protection Planning in District of Columbia (2026)
How to Dispute a Bill in Washington DC
How to File for Divorce in District of Columbia (2026)
How to Form an LLC in the District of Columbia (2026)
How to Get Married in District of Columbia (2026)
How to Hire a New Employee in District of Columbia (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started