How Much Does Guardianship Cost in DC? Filing Fees, Attorney Rates, and Fee Waivers

Court Filing Fees: $0 or $45, Depending on What You Request

Here's a detail that surprises most families: filing a petition for guardianship of the person only — meaning authority over personal care, medical decisions, and living arrangements — costs nothing at the D.C. Superior Court Probate Division. No filing fee.

The $45 filing fee applies only when the petition includes a request for a conservator (financial management authority) or a protective order. That $45 is payable to the "Register of Wills."

If you file electronically through eFileDC, add a $5 eFiling fee plus credit card processing charges.

Other court costs you may encounter:

• Filing a formal complaint: $120
• Filing a formal objection (to challenge a fiduciary's actions or compensation petition): $25
• Miscellaneous petitions to open new files: $45

What the Court-Appointed Professionals Cost

When the Probate Division opens your case, the judge appoints several independent professionals — an attorney for the subject, an examiner, and often a visitor or guardian ad litem. Their fees come from one of two sources:

1. The subject's estate — if the person you're seeking guardianship over has assets
2. The D.C. Guardianship Fund — if the subject is indigent

The Guardianship Fund's hourly compensation rates, set by Administrative Order:

These aren't your costs to pay out of pocket — the court assigns them against the subject's estate or the Fund. But if you're also serving as guardian and later petition for your own compensation, the court rate for a family member fiduciary is typically $45 per hour, and only for fiduciary decision-making and administrative advocacy. The court does not compensate personal care activities like bathing, feeding, or grooming.

What a Private Attorney Costs

A D.C. special needs planning attorney charges upward of $400 per hour. An uncontested guardianship case with straightforward facts might run $3,000 to $5,000 in legal fees. Contested cases — where the subject objects, or another family member challenges the petition — can easily exceed $10,000.

You're not required to hire an attorney to file a guardianship petition. The court forms are publicly available and can be filed pro se. But the procedural requirements are exacting: missing a service deadline by a day or filing an incomplete package gets your case continued, adding months to an already lengthy process.

Fee Waivers for Low-Income Families

If the petitioner or the subject cannot afford court costs, the Probate Division accepts a Fee Waiver Application (Form 7). When approved by a judge, all filing and service fees are waived.

The application requires documentation of income and expenses. Submit it at the same time you file your petition — not after.

The Real Cost: What Guardianship Demands After Appointment

Filing fees are the smallest expense. The ongoing compliance burden is where guardianship's true cost emerges:

• Within 60 days: Metropolitan Police Department background check
• Within 90 days: Formal Guardianship Plan filed with the court
• Within 180 days: FBI fingerprint check
• Every 6 months: Verified Report of Guardian
• Conservators additionally: Inventory and Plan within 90 days, plus annual financial accounting

Missing a reporting deadline can result in court sanctions or removal as guardian. Many families hire an attorney to handle the semi-annual reports alone, at $500 to $1,000 per filing.

Alternatives That Cost Almost Nothing

An SDMA costs $0 in court fees, with nominal notary expenses. A Durable Financial POA requires notarization. A Health Care POA requires two witnesses but no notary. An OSSE Educational Representative appointment is an administrative process with no court fees.

The DC Adult Guardianship & Alternatives Guide includes a cost comparison across every legal pathway, along with the Guardianship Fund rate tables and a fee waiver eligibility worksheet, so you can map the full financial picture before committing to a court process.

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