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Washington D.C. Limited Guardianship Legal Framework
Limited guardianship in Washington D.C. serves to protect adults who, due to illness, disability, or age, lack the capacity to manage certain aspects of their lives. The process is governed by Title 21 of the D.C. Code and is handled by the Probate Division of the Superior Court.
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1. Washington D.C. Limited Guardianship: Definition and Petitioners
Limited guardianship is a legal relationship in which the court appoints a guardian to assist an incapacitated adult in specific matters. The petition can be filed by the individual, their spouse, relatives within the fourth degree, or the D.C. Department of Human Services.
Washington D.C. Limited Guardianship: Ineligible Guardian Conditions
The court considers the ward’s preferences and disqualifies guardians who are minors, those previously removed as fiduciaries, individuals with serious criminal records, or those in litigation against the ward.
2. Washington D.C. Limited Guardianship: Appointment and Court Process
To initiate a guardianship proceeding, a petition must be filed in the Probate Division. The petitioner must submit required forms, medical certifications, and notice the interested parties.
Washington D.C. Limited Guardianship: Required Documents<
Petition for Appointment - Physician’s or psychologist’s certificate - Relationship affidavits - Notice of hearing to interested parties
Washington D.C. Limited Guardianship: Court Hearings and Evaluations
The court typically holds one or more hearings, during which it may appoint a visitor or evaluator to assess the proposed ward’s condition.
3. Washington D.C. Limited Guardianship: Scope of Guardian's Authority
Guardians in Washington D.C. may be granted authority only over specific decisions, such as medical care or financial transactions, depending on the incapacitated person’s needs.
Washington D.C. Limited Guardianship: Medical and Personal Decisions
he guardian may consent to medical treatment if the ward cannot. Court approval is required for confinement or invasive procedures.
Washington D.C. Limited Guardianship: Property and Financial Management
The guardian manages the ward’s assets, with court oversight for major transactions. Taking on debt or selling property typically requires prior approval.
4. Washington D.C. Limited Guardianship: Termination and Court Reporting
Guardianship terminates upon the ward’s death, recovery of capacity, or by court order. The guardian must file a final report and return any remaining assets.
Washington D.C. Limited Guardianship: Final Registration and Deadlines
Termination must be recorded with the Probate Division within three months of becoming aware of the reason for termination.
5. Washington D.C. Limited Guardianship: Legal Support for Petitioners
Filing for limited guardianship often involves medical, legal, and family complications. Professional legal counsel ensures proper documentation, compliance, and representation during court proceedings.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
