Rule 301 - Commencing an Intervention Proceeding(a) IN GENERAL. Except for a proceeding to appoint a temporary guardian under Rule 302 or to appoint a conservator for a missing, disappeared, or detained person under Rule 303, an intervention proceeding is commenced by filing a petition on the form maintained by the Register of Wills or a form that is substantially similar in format and content, requesting:(1) the appointment of a guardian;(2) the appointment of a conservator;(3) a protective order; or(4) any combination of the above.(b) ADDITIONAL DOCUMENTS FILED WITH PETITION. The petition must be accompanied by: (1) a notice of hearing to be served on the subject or ward, on the form maintained by the Register of Wills or a form that is substantially similar in format and content;(2) a notice of hearing to be served on all other persons entitled to receive notice, on the form maintained by the Register of Wills or a form that is substantially similar in format and content; and(3) a proposed order on a form maintained by the Register of Wills or a form that is substantially similar in format and content.(c) HEARING. On receiving the petition, the court must schedule a hearing.(d) SERVICE.(1)In General. Except as provided in Rule 302(d)(4)-(5), the petition and the notice of hearing must be personally served on the following individuals at least 14 days before the hearing: (A) the subject of the proceeding;(B) the subject's spouse or, if no spouse, the subject's adult children or, if no spouse or adult children, the subject's parents or, if no spouse, adult children, or parents, at least 1 of the subject's nearest adult relatives if any can be found;(C) any person who is serving as guardian or conservator or who has the care and custody of the subject of the proceeding;(D) any other person as directed by the court; and(E) if the District of Columbia is not the subject's home state, any persons who would be entitled to notice if the petition had been brought in the subject's home state.(2)Notice to Other Persons. A copy of the petition and notice of hearing must be sent by first class mail, postage prepaid, to: (A) any person listed in Rule 301(d)(1)(B) who was not personally served; and(B) any person who has a higher priority for appointment as guardian or conservator than the proposed guardian or conservator.(3)Petition for Appointment of a Guardian. A copy of a petition for appointment of a guardian must also be mailed to the subject of the petition, by first class mail, postage prepaid, within 3 days after the petition is filed.(4)Person Outside of the District of Columbia. If any person listed in Rule 301(d)(1)(B)-(E) lives outside of the District of Columbia, the petitioner may mail the petition and the notice of hearing by certified or first-class mail, addressed to the person's place of residence or office. The petitioner must mail the petition and notice at least 17 days before the hearing date.(5)Subject of Petition Who Has Disappeared or Been Detained. If the subject of a petition has disappeared, has been detained by a foreign power, or is being held hostage by someone other than a foreign power, the notice of hearing on the petition must be published in a newspaper of general circulation in the District of Columbia at least once a week for 3 consecutive weeks, with the first publication being at least 40 days before the hearing date.(6)By Court Order. For good cause, the court may provide for a different method or time of notice.(7)Proof of Service. Proof of service must be given by affidavit or declaration filed not later than the date of the hearing.(8)Waiver. The subject of the proceeding may not waive notice. Any other person may waive notice by filing a written waiver.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
The rules addressing intervention proceedings use terms such as "intervention proceedings," "ward," "protected individual," "examiner," and "visitor" as they are defined in D.C. Code § 21-2011 (2021 Supp.).