Operating Status
ShareClosing the Guardianship of a Minor - How can I resign?
File a Petition To Resign with the Court, stating the reasons for the resignation.
Closing the Guardianship of a Minor - What options do I have if I do not want to turn over a large sum of money to a minor who has recently reached the age of majority
A guardian should discuss wise choices for investment and use of the money but cannot withhold the funds from the emancipated minor.
Closing the Guardianship of a Minor - How long does the appointment as guardian of the estate of the minor last?
The appointment ends when the minor emancipates, i.e., becomes 18, or when the guardianship is terminated by Court order for some other reason.
Closing the Guardianship of a Minor - If the minor has reached the age of majority and cannot be located, to whom should distribution be made?
The guardian may file a Petition To Deposit Funds Into the Estate Deposit Account at the Probate Division. The funds will be held until the emancipated minor files a Petition for Release of Funds Held in the Estate Deposit Account, the Court approves the petition, and the emancipated minor brings the order allowing release of the funds to the Probate Division cashier with identification to begin the process of releasing the funds.
Closing the Guardianship or Conservatorship - If the ward has died, does a Report of Guardian still have to be filed?
If a ward has died, a Notice of Death should be filed as soon as possible to alert the Superior Court and other interested persons. A final Report of Guardian must then be filed within 60 days. If you have already reported the ward’s date of death in the final guardianship report, a Suggestion of Death is still required to ensure proper docketing of the ward’s date of death by Court staff. Suggestions of Death should contain a certificate of service so that other parties are informed that the ward has died.
Closing the Guardianship of a Minor - When can funds be turned over to a minor who has become 18? Can distribution be made to the minor prior to the approval of the final account?
No. Ordinarily, the Final Account is approved, and then distribution is made to the minor. This process takes 60-90 days after the minor has become 18 because a final account must be prepared and filed, reviewed by the auditing staff, and approved by the Court. When the assets are paid to the emancipated minor, the guardian must get a signed receipt and file it in the Probate Division with the auditor who audited the final account.
Fees - Can a family member who is a guardian and/or conservator file a petition for compensation?
Yes, a family member who is a guardian and/or conservator can file a petition for compensation. In general, the Court will consider fees claimed for fiduciary decision-making, administrative advocacy, or supervision of other care providers if they are reasonable; however, the Court has not been awarding fees for personal services provided by a family member, such as bathing, combing hair, feeding, caring for the ward’s pet, and other similar services.
In re Taha Al-Baseer, 19 A.3d 341, 2011 DC App. LEXIS 231, 10-PR-225, DCC.A., 5-12-11 (2002 INT 276); In re Claudette R. Boyd, 2009 INT 50, 8-5-11; In re Jesse Payton, 2010 INT 77, 8-4-11 order; In re Lena Hawkins, 2010 INT 266, 1-9-12 order; In re Ada Jackson, 2010 INT 93, 1-4-12 order
Fees - Are there any restrictions upon the amount of compensation the Court will award to paralegals, legal assistants, and law clerks?
Yes, the rate is usually $45 per hour when the Court grants such petitions for compensation from the Guardianship Fund. If the individual has specific qualifications or specialized training that justify a higher rate of compensation, those qualifications or the specialized training should be explained in detail in the petition for compensation. Note that requests for compensation for a person functioning as second chair are not likely to be approved.
See In re Brenda J. Wilson and In re Irene Mason, 139 WLR 2753 (DC Superior Court, December 27, 2011); In re Timothy Lynear, 2002 INT 246, 1-13-12 order; In re Matilda Maiden, 2009 INT 243, 1-5-12 order; In re Martha Lee Leathers, 2008 INT 301, 1-13-12 order; In re Vanessa Monroe, 1994 INT 48, 4-5-11 order
Fees - Can a guardian or conservator be paid?
In accordance with Superior Court, Probate Division Rule 308, both are entitled to reasonable compensation for services rendered. A fee petition must be filed.
Fees - Can a guardian and/or conservator be paid for services rendered before appointment?
The threshold date for payment of fees is the date of the guardian’s and/or conservator’s appointment.
Sullivan v. DC, 829 A.2d 221 (DC 2003), pages 228-229
