Foreign Intervention Proceeding (FOI)

How do I open a conservatorship or guardianship to handle assets in DC for an incapacitated adult whose conservatorship or guardianship is open in another state?

General Information

A guardian or conservator of an incapacitated adult who has been appointed by another state but needs authority to transact business or make health care decisions in the District of Columbia can open a Foreign Intervention (FOI) case in the District of Columbia if (1) no guardian or conservator has been appointed in the District of Columbia and (2) no petition for a protective proceeding is pending in the District of Columbia. After the documents described below required by DC Code, sections 21-2077, 21-2404.01, and/or 21-2404.02 and Superior Court, Probate Division Rule 361 are filed and an FOI case is opened, the foreign guardian or conservator can exercise all powers authorized in the order of appointment from the other state except any power prohibited by the laws of the District of Columbia. Unless the conservator is restricted by the underlying order of appointment, the conservator can exercise all powers of a conservator appointed by the Court in the District of Columbia and maintain actions and proceedings in the District of Columbia subject to any conditions imposed upon nonresident parties. Note that the Court in the District of Columbia does not appoint the foreign guardian or conservator but simply gives full faith and credit to the appointment of the guardian or conservator by another court.

There is a $5.00 fee to register a foreign conservatorship. There is no fee to register a foreign guardianship. After filing, upon request and payment of an additional $5.00 fee, the Probate Division will issue a Certificate of Compliance, which indicates that the foreign guardian or conservator has filed all items that must be filed before the foreign guardian or conservator can act as such in the District of Columbia. Upon request and payment of a $25.00 fee, the Probate Division will issue a Certificate of Absence of Pending Proceeding, which indicates that no protective proceeding is pending December 2012 – 1102.10.v1 December 2012 – 1102.10.v1 in the District of Columbia. These fees may be paid in cash or by check or money order payable to "Register of Wills." 

These proceedings are governed by DC Code, sections 21-2077 and 21-2404.01 et seq. (the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act) and Superior Court, Probate Division Rules 310(d) and 361. The District of Columbia Code may be found here. The Probate Division Rules may be found here.

Items Needed To Open a Foreign Intervention Case

1. Recent copies of the foreign guardian’s or conservator’s order of appointment, letters of office, and bond authenticated in accordance with 28 USC. 1738. Such authenticated documents are informally referred to as documents that are exemplified or triple sealed.
2. A Registration of Foreign Guardianship and/or Conservatorship form.
3. An Appointment of Agent to Accept Service of Process form. This document must be signed by the guardian and conservator and by the agent, who must have a District of Columbia residence or business address. If the guardian or conservator lives in the District of Columbia or has an office in the District of Columbia, the form must still be completed, but the guardian or conservator can also be the agent.
4. A fee of $5.00 to register a foreign conservatorship. The fee may be paid in cash or by check or money order payable to "Register of Wills." There is no fee to register a foreign guardianship.