How to File for Guardianship in DC: Probate Division Petition Process

What DC Calls a Guardianship Case

The District of Columbia doesn't call it a "guardianship case." It's an intervention proceeding — designated under the INT or IDD case type — filed in the Probate Division of D.C. Superior Court at the Moultrie Courthouse, 500 Indiana Avenue NW.

That terminology matters because you'll be searching for forms labeled "Petition for a General Proceeding," not "guardianship application." Using the wrong form name when calling the court or navigating eFileDC will cost you time.

The Required Filing Package

You can't just file a petition. The Probate Division requires a complete case initiation package submitted simultaneously. A missing required item can delay or prevent case initiation. Here's what you need:

Petition for a General Proceeding (Intervention) — A verified document that states your relationship to the subject, the specific areas of alleged incapacity, why less restrictive alternatives have been explored and found insufficient, and who you're requesting the court appoint as guardian or conservator.

Order Appointing Counsel, Visitor, Examiner, and/or Guardian ad Litem — A proposed order for the judge to sign, not something you fill out for yourself. The court uses this to assign independent professionals to the case.

Notice of Initial Hearing for Subject — Formal notice with the date, time, and location of the court appearance, served on the person you're seeking guardianship over.

Notice of Initial Hearing for Parties — Separate notice served on all other interested parties (spouses, parents, adult siblings).

Confidential Personal Identification Information (Form 26) — Social security numbers and dates of birth for both you and the subject. Filed under seal.

Confidential Financial Account Information (Form 27) — Bank names, account numbers, and balances. Also under seal.

Statement of Criminal History — A background disclosure completed by anyone proposed as guardian.

Clinical capacity report — A comprehensive evaluation by a licensed physician or psychologist who examined the subject within the preceding 45 days. If you don't submit one, the court appoints an independent examiner to conduct a formal capacity evaluation.

How to File

Three options:

1. In person at the Moultrie Courthouse Probate Division clerk's window
2. By mail to the Probate Division
3. Electronically through the eFileDC portal (note the $5 eFiling fee plus credit card processing fees on top of any filing fee)

Service of Process Rules

After filing, you must serve the subject and all interested parties within strict timelines. Getting this wrong is one of the most common reasons a hearing gets continued.

The subject must be personally served — meaning an adult other than you physically delivers the petition and hearing notice — at least 14 calendar days before the hearing date.

All other interested parties (spouses, parents, adult siblings) must receive notice at least 17 calendar days before the hearing if served by mail, or 14 calendar days if served personally.

Affidavit of Service documenting exact compliance with these timelines must be filed with the Probate Division at least 5 calendar days before the hearing. If the affidavit isn't filed on time, the judge will likely continue the hearing to a later date.

What Happens After Filing

Once the petition is filed, the court sets an initial hearing — typically 30 to 60 days out. During that window:

1. The court appoints independent actors. An attorney to represent the subject's stated preferences (not yours), an Examiner to evaluate capacity, and often a Visitor or Guardian ad Litem to investigate the living situation and whether less restrictive alternatives could work.

2. The Visitor conducts a home visit. They evaluate the subject's environment, assess whether the petitioner is appropriate, and check whether alternatives like supported decision-making agreements were genuinely considered.

3. Reports are filed. The Visitor, Examiner, and Guardian ad Litem must submit their written reports at least 10 calendar days before the hearing.

4. The evidentiary hearing. The subject must be present unless good cause is shown. The court-appointed attorney advocates for the subject's wishes (which may oppose your petition). You must present clear and convincing evidence of incapacity — not just a parent's assertion, but documented clinical evidence and testimony.

If granted, the court signs the "Findings of Fact, Conclusions of Law and Order" and issues letters of guardianship or conservatorship with specific powers and limitations endorsed.

Before You File

Filing a guardianship petition triggers a judicial investigation into your family. Court-appointed attorneys will interview your child. An examiner will assess their capacity. A visitor may inspect your home. All of this happens regardless of how straightforward your case appears.

The DC Adult Guardianship & Alternatives Guide includes a Court Filing Checklist that walks through every form, every deadline, and every service requirement — plus a decision framework for determining whether a less restrictive path (SDMA, powers of attorney, OSSE Educational Representative) might give you the authority you actually need without the court process.

See more District of Columbia guides →