Rule 320 - Termination of Conservatorship(a) IN GENERAL. A conservatorship is terminated by court order.(b) TERMINATION UPON DEATH. (1)Petition for Termination and Final Account. Upon the death of the protected individual, the conservator must promptly file a notice of death. The conservator must file a petition for termination, accompanied by a final account and report, within 60 days after the date of death.(2)Expenditures After Death. (A)In General. After the death of the protected individual, the conservator is not permitted to make any expenditures, except for expenses of administration and any expenditures authorized by the court.(B)Petition for Authorization to Make Expenditures. The conservator may file a petition for authorization to make expenditures, other than for administration expenses. Except for good cause, the petition must be filed no later than 30 days after the date of death. The court may act on the petition without a hearing.(3)Hearing. The court must schedule a hearing on the final account and the petition for termination.(4)Order of Termination. Upon approval of the final account, the court must enter an order of termination. The order of termination must provide for expenses of administration and direct the conservator to file a verified statement evidencing transfer of the assets within 60 days after the order of termination, unless the court finds good cause for extending or shortening the time for filing the verified statement. The verified statement must be filed together with a receipt evidencing final distribution and vouchers or cancelled checks evidencing any expenditures. If, despite diligent efforts, a receipt evidencing final distribution cannot be filed, the court may accept other evidence of distribution.(5)Deposit into Estates Deposit Account. In the event that the conservator is unable to make distribution of assets within the time required by the order of termination, the conservator must, prior to the date on which the verified statement is due, file a petition for an order requiring that the estate assets be deposited in the Register of Wills estates deposit account.(6)Appointment of Special Administrator. If the estate of the protected individual consists of assets that are in need of protection, and no other fiduciary has been appointed, the conservator may, in the petition for termination, advise the court of the need for protection and file with the petition a proposed order for the appointment of a special administrator. Upon consideration of the petition and proposed order, the court may appoint a special administrator under D.C. Code § 20-531 (2012 Repl.).(c) TERMINATION OTHER THAN UPON DEATH. (1)Petition to Terminate Conservatorship. The conservator or any other interested person may file a petition to terminate the conservatorship under Rule 314. The protected individual may file a petition to terminate the conservatorship that will be subject to the same procedures as a petition to commence an intervention proceeding under Rule 301.(2)Preliminary Order of Termination. If, after notice and hearing, the court determines that the petition should be granted, the court must issue a preliminary order of termination directing the conservator to file the final account and report within 60 days, unless the court finds good cause for extending or shortening the time for filing.(3)Final Order of Termination. Upon approval of the final account, the court must enter a final order of termination. The final order of termination must provide for expenses of administration and direct the conservator to file a verified statement evidencing transfer of the assets to the former ward or to such other person as the court determines is entitled to distribution. The verified statement must be filed within 30 days after the order of termination, unless the court finds good cause for extending or shortening the time for filing the verified statement. The verified statement must be filed together with a receipt evidencing final distribution and vouchers or cancelled checks evidencing any expenditures. If, despite diligent efforts, a receipt evidencing final distribution cannot be filed, the court may accept other evidence of distribution.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
This rule implements D.C. Code § 21-2075 (2012 Repl.), which provides for termination of conservatorship proceedings. Although that section does not explicitly provide for an order of termination upon death of the protected individual, it appears to include an order of termination upon that event. See Treadway v. Montague-Elliston , 673 P.2d 331, 333 (Ariz. Ct. App. 1983) (construing a similar provision of the Uniform Probate Code).
Expenses of administration include court costs; bond premiums; approved fees of a conservator, guardian, attorney for the conservator, guardian or protected individual, examiner, visitor, or guardian ad litem; and bank service fees. See In re Estate of Dickson, 736 A.2d 1007 (D.C. 1999).
The termination of a special conservatorship or other protective arrangement is provided in the rule governing accounts and reports of conservators.