District of Columbia Guardianship Planning

Use this guide as a plain-language map, not as legal advice or a fill-in form. The right plan depends on your health, your family, and your money. A D.C. attorney can build a plan around your situation, and this page is here to help you ask sharper questions.

One line sets the edge of this page. Guardianship deals with a living adult who can no longer manage alone. It is not probate. When a person dies, a separate case opens in the Probate Division of the Superior Court to settle the estate. For that side, read the D.C. probate guide.

Guardian and Conservator Are Two Different Jobs

D.C. splits the work in two. A guardian handles the person: care, custody, where the person lives, and consent to medical and psychiatric treatment (D.C. Code § 21-2047). A conservator handles the estate: the court appoints a conservator to manage the money and property, and the property is held in trust for the person (D.C. Code §§ 21-2051 and 21-2066). One case can produce both appointments, and the same person can hold both roles.

The statute calls every case under Title 21, Chapter 20 an intervention proceeding (D.C. Code § 21-2011(12)). The case asks one question: is this adult an "incapacitated individual"? The Code defines that as an adult whose ability to receive and evaluate information, or to communicate decisions, is impaired to the point that the adult cannot manage some or all of his or her money, or cannot meet some or all of the statutory requirements for physical health, safety, habilitation, or therapeutic needs without court help (D.C. Code § 21-2011(11)).

Three protections sit underneath every case:

• Capacity is presumed. Every adult is presumed competent unless certified otherwise for health care decisions or found incapacitated by a court. A psychiatric hospitalization or an intellectual disability alone does not prove incapacity (D.C. Code § 21-2002(d)).
• The proof bar is high. The petitioner must prove the need for a guardian or conservator by clear and convincing evidence, a higher standard than an ordinary civil case (D.C. Code § 21-2003).
• A finding of incapacity is narrow. The person keeps every legal right the court order does not expressly take away (D.C. Code § 21-2004).

Plan Ahead So a Court Is Not Needed

The District offers several planning tools for an adult who still has capacity, and each one can help keep an intervention proceeding from being filed.

• A durable power of attorney for money and property. Under the District's Uniform Power of Attorney Act, a power of attorney is durable unless it says that your incapacity ends it, and it is not valid unless you acknowledge it before a notary public (D.C. Code §§ 21-2601.04 and 21-2601.05(b)). An agent you name can handle your finances with no conservatorship. Read the guide to a durable power of attorney in D.C., the main guardianship alternative.
• A durable power of attorney for health care. You name a health care agent to decide for you if you cannot. The document must be dated and signed by you and 2 adult witnesses, neither of whom can be your health care provider or the provider's employee, and at least one witness must be unrelated to you and must not inherit from you (D.C. Code § 21-2205(c)-(d)). Read the guide to naming a health care agent.
• A nomination inside your power of attorney. Title 21, Chapter 20 has no separate guardian self-designation form. The route the Code gives you is to name a conservator of your estate or a guardian of your person in your power of attorney, and the court must follow your most recent nomination unless there is good cause or the nominee is disqualified (D.C. Code § 21-2601.08(a)).

A revocable trust can also keep assets out of a conservatorship, because a successor trustee can manage trust property if you become incapacitated, with no court file. (Source: D.C. Code § 19-1301.01 et seq., the Uniform Trust Code.) Read the D.C. revocable living trust guide for that tool.

Who the Court Picks as Guardian

The court must appoint the guardian the person currently says he or she wants, or the most recent nominee in the person's durable power of attorney, unless that choice is unqualified or there is other good cause (D.C. Code § 21-2043(b)). After that, the Code sets a priority list:

1. The spouse or domestic partner.
2. An adult child.
3. A parent.
4. An adult sibling.
5. Any relative the person lived with for more than 6 months before the petition was filed.
6. Any other person.

Each of the first four may pass that priority to someone else by will, or by a writing signed by that family member and attested by at least 2 witnesses (D.C. Code § 21-2043(c)). Among equals the court picks the best qualified, and it may pass over a person with priority when the person's best interest calls for it (D.C. Code § 21-2043(d)).

Two screens apply. A paid service provider, a creditor, or an employee of a provider is barred for a conflict of interest, unless that person is close family and the court finds the conflict insubstantial (D.C. Code § 21-2043(a-1)). And before appointment a guardian files a sworn statement about specified criminal history, then files a Metropolitan Police Department criminal-history check within 60 days and an FBI fingerprint check within 180 days after appointment (D.C. Code § 21-2043(d-1)). Conservators follow their own priority list in D.C. Code § 21-2057.

How an Adult Guardianship Case Works in D.C.

If no advance plan is in place, the case runs through the Superior Court. The person, or anyone interested in the person's welfare, may petition for a limited, temporary, or general guardian (D.C. Code § 21-2041(a)). The steps below come straight from the Code. The D.C. guardianship court process page covers the filing steps.

1. File the petition. It names the petitioner and the petitioner's interest, gives the person's name, age, and address, and states the reasons for the guardianship in enough detail for the court to choose the right examiner and visitor (D.C. Code § 21-2041(b)). A conservatorship petition adds a general statement of the person's property and its estimated value (D.C. Code § 21-2052).
2. Serve the person. The petition goes to the person by first-class mail within 3 days of filing (D.C. Code § 21-2041(c)). Notice of the hearing is served on the person and on close family under D.C. Code § 21-2042.
3. The court appoints a lawyer, an examiner, and a visitor. Unless the person already has a lawyer, the court appoints one. It also appoints a qualified examiner, who files a written report, and a separate visitor, who interviews the person. The court may waive the visitor, and may waive the examiner when a written report is already on file (D.C. Code § 21-2041(d)).
4. The hearing. The person must attend unless there is good cause, is represented by counsel, and may present evidence and cross-examine witnesses, including the examiner and the visitor. The hearing may be closed if the person or counsel asks (D.C. Code § 21-2041(h)). D.C. holds no jury trial in these cases: the old jury section, D.C. Code § 21-2023, is repealed.
5. The order. If the court finds the person incapacitated and the appointment necessary, it appoints the type of guardianship that is least restrictive in duration and scope. It may instead treat the case as a protective proceeding, enter another order, or dismiss (D.C. Code § 21-2044(a)-(b)).

Here is why step 5 matters. The Code tells the court to use its power "to encourage the development of maximum self-reliance and independence" of the person (D.C. Code § 21-2044(a)). So a limited guardianship is the expected starting point. The court can limit a guardian's powers at appointment or later, and every limit is written on the guardian's letters (D.C. Code § 21-2044(c)).

Where to get help: the Probate Self-Help Center at 515 5th Street NW, Room 318, open Monday through Friday from 8:30am to 3:30pm, offers free help with adult guardianship, according to the D.C. Office of the Tenant Advocate's Tenant Resource Guide (revised April 20, 2026). We could not read the court's own website, so this guide lists no filing fee and no form number. The Probate Division can confirm the current petition fee and forms. A person who receives certain public benefits, or who otherwise qualifies, can ask the court to waive fees and costs (D.C. Code § 15-712).

Emergency, Health-Care, and Provisional Guardians

Some situations cannot wait for the full case. The Code allows three kinds of temporary guardian (D.C. Code § 21-2046):

• Emergency guardian. When the person has no guardian, a life-threatening situation or one involving emergency care exists, and no one else with authority is available and willing, the court may appoint an emergency guardian whose authority may not extend beyond 21 days. The court appoints counsel for the person right away, and if anyone asks for a hearing, it must be held within 48 hours of the request (D.C. Code § 21-2046(b)).
• Health-care guardian. For a person certified incapacitated for health care decisions who has no guardian and no other available decision-maker, the court may appoint a health-care guardian for up to 90 days, after a hearing held within 7 days of the petition. The court may extend the appointment once, for up to 90 more days (D.C. Code § 21-2046(c)).
• Provisional guardian. If an existing guardian is not doing the job and the person needs immediate action, the court may appoint a provisional guardian for no more than 6 months, and the prior guardian's authority is suspended in the meantime (D.C. Code § 21-2046(d)).

Emergency, health-care, and provisional guardians are exempt from the police and FBI background-check filings (D.C. Code § 21-2043(d-1)(4)).

Less Restrictive Alternatives

Several options leave the person in charge or need no court at all.

• Family consent for medical care. If there is no health care power of attorney and the person's incapacity is certified under D.C. Code § 21-2204, close family may consent to treatment in a set order: spouse or domestic partner, adult child, parent, adult sibling, a religious superior, a close friend, then the nearest living relative. A petition becomes necessary only when no one on the list is available and willing (D.C. Code § 21-2210).
• A supported decision-making agreement. An adult with a disability can name a supporter who helps gather information, understand options, and communicate decisions, without deciding for the adult. Both sign in front of 2 adult witnesses or a notary, and either one can end the agreement at any time (D.C. Code §§ 7-2131 and 7-2132).
• A protective arrangement. Instead of appointing a conservator, the court can authorize one specific transaction or arrangement, such as a sale or a trust, and appoint a special conservator only to carry it out (D.C. Code § 21-2056).
• A representative payee. The Social Security Administration can appoint a payee to manage Social Security benefits for someone who cannot, with no court case. It covers those federal benefits only (42 U.S.C. § 405(j)).

Naming a Guardian for a Minor Child

The rules shift for children, and they live in an older chapter of the Code.

• A guardian named by will. When one parent has died, the surviving parent may name a guardian of the person for an unmarried child by will (D.C. Code § 21-102). The D.C. will requirements guide covers how a valid will is made.
• A child over 14 has a say. A minor over 14 is entitled to select and nominate his or her own guardian, subject to the court's approval of that person's character and competency, and a child who reaches 14 may pick a new guardian (D.C. Code § 21-108).
• A standby guardian for a parent's health crisis. A custodial parent may name a standby guardian in writing, signed and dated in front of 2 witnesses over 18 who are not the standby or alternate guardian (D.C. Code § 16-4803). The standby guardian's authority starts at a triggering event: an adverse immigration action against the parent, or, after a written diagnosis of a chronic condition, the parent's consented debilitation, incapacity, or death (D.C. Code § 16-4802(13)). These cases go to the Domestic Relations Branch of the Family Court (D.C. Code § 16-4802(5)).
• A custodial power of attorney. A parent can give another adult revocable authority to enroll the child in school and consent to medical, psychological, or dental treatment, with no court case. It cannot authorize the child's marriage or adoption (D.C. Code § 21-2301).

The minor-guardianship chapter still says these appointments go to "the Probate Court." Which Superior Court division takes a minor-guardianship petition today is published on the court's website, which we could not read, so the court is the place to confirm it.

Ongoing Duties After Appointment

A D.C. guardianship is not a one-time order. Both roles carry duties for the life of the case.

• A guardian must know the person, decide by substituted judgment (the choice the person would have made) and fall back on best interests only when the person's wishes stay unknown, include the person in decisions, and report to the court in writing at least every six months (D.C. Code § 21-2047(a)). A guardian must also keep a caseload small enough to visit each ward at least once a month unless the court sets otherwise (D.C. Code § 21-2043(e)).
• A conservator files a sworn inventory and an individual conservatorship plan within 60 days after appointment and accounts to the court at least once a year on the anniversary of the appointment (D.C. Code §§ 21-2064 and 21-2065).
• Pay needs a court order. Guardians, conservators, lawyers, examiners, and visitors are paid only as the court approves. When paying would drain the person's estate, the District's Guardianship Fund pays instead, and the estate is presumed drained if the person receives SSI, Medicaid, or other listed benefits (D.C. Code § 21-2060).
• Every three years, a review. For any guardianship appointed on or after January 1, 2015, the court appoints a licensed social worker as case reviewer within each 3-year period to check whether the guardianship is still needed (D.C. Code § 21-2045.01).

The person, or anyone interested in the person's welfare, can ask the court at any time to end the guardianship, even informally, and anyone who knowingly blocks that request can be held in contempt (D.C. Code § 21-2049(b)). The court can remove a guardian for abuse, neglect, or financial exploitation of the ward, among other reasons (D.C. Code § 21-2049(a)(3)).

Planning vs Court Process

These two paths solve the same problem in very different ways.

The short version is plain. A durable power of attorney and a health care power of attorney let an adult pick who decides and can often avoid the courtroom. A court guardianship is the backup for when no plan exists.

Documents a D.C. Incapacity Plan Commonly Includes

These are the tools described above, listed together. Which of them fits a given person depends on health, family, and money, which is a question for a licensed District of Columbia attorney.

1. A durable power of attorney for money and property, acknowledged before a notary, often naming a successor agent.
2. A nomination of a guardian or conservator inside that power of attorney (D.C. Code § 21-2601.08(a)).
3. A durable power of attorney for health care, signed with 2 qualifying witnesses.
4. For a parent of minor children, a guardian named by will, and in a health crisis a standby guardian.
5. A revocable trust, when a successor trustee is meant to manage assets with no court.
6. Copies held by the people named, and a review after a big change in health, family, or money.

Related reading starts with D.C. estate planning basics, and these guides cover each tool:

• D.C. power of attorney guide for money and property
• D.C. advance directive guide for health care decisions
• D.C. will requirements guide for naming a guardian for minor children
• How to avoid probate in D.C. for after-death planning tools
• D.C. probate guide for what happens when an estate is settled

This guide is general information about District of Columbia guardianship, and the D.C. Code controls. For your own plan or a pending case, consult a licensed District of Columbia attorney.

Sources:

• Title: D.C. Code § 21-2001, Rule of construction; purposes (Title 21, Chapter 20). Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2001
• Title: D.C. Code § 21-2002, Supplementary general principles of law applicable. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2002
• Title: D.C. Code § 21-2003, Standard of proof. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2003
• Title: D.C. Code § 21-2011, Definitions. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2011
• Title: D.C. Code § 21-2041, Procedure for court-appointment of a guardian of an incapacitated individual. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2041
• Title: D.C. Code § 21-2043, Who may be guardian; priorities. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2043
• Title: D.C. Code § 21-2044, Findings; order of appointment. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2044
• Title: D.C. Code § 21-2045.01, Mandatory court review of guardianships. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2045.01
• Title: D.C. Code § 21-2046, Temporary guardians. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2046
• Title: D.C. Code § 21-2047, Powers and duties of general guardian and limited guardian. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2047
• Title: D.C. Code § 21-2049, Removal or resignation of guardian; termination of incapacity. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2049
• Title: D.C. Code § 21-2051, Protective proceedings. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2051
• Title: D.C. Code § 21-2056, Protective arrangements and single transactions authorized. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2056
• Title: D.C. Code § 21-2060, Compensation and expenses. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2060
• Title: D.C. Code § 21-2064, Inventory and records. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2064
• Title: D.C. Code § 21-2065, Accounts. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2065
• Title: D.C. Code § 21-2601.04, Power of attorney is durable. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.04
• Title: D.C. Code § 21-2601.05, Execution of power of attorney. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.05
• Title: D.C. Code § 21-2601.08, Nomination of conservator; relation of agent to court-appointed fiduciary. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.08
• Title: D.C. Code § 21-2205, Durable power of attorney for health care. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2205
• Title: D.C. Code § 21-2210, Substituted consent. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2210
• Title: D.C. Code § 7-2132, Executing a supported decision-making agreement. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/7-2132
• Title: D.C. Code § 21-102, Testamentary guardians of the person. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-102
• Title: D.C. Code § 21-108, Selection of guardian by infant. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-108
• Title: D.C. Code § 16-4802, Definitions (standby guardianship). Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/16-4802
• Title: D.C. Code § 16-4803, Designation of a standby guardian. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/16-4803
• Title: D.C. Code § 21-2301, Custodial power of attorney. Publisher: Council of the District of Columbia. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2301
• Title: Tenant Resource Guide (Probate Self-Help Center listing). Publisher: D.C. Office of the Tenant Advocate. Publication Date: April 20, 2026. URL: https://ota.dc.gov/sites/default/files/dc/sites/ota/publication/attachments/TRG_Rev_4.20.26_FINAL.pdf
• Title: 42 U.S.C. § 405, Evidence, procedure, and certification for payments (subsection (j), Representative payees). Publisher: U.S. Government Publishing Office. Publication Date: 2023 edition. URL: https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapII-sec405.htm

It is not legal advice.