Rule 117 - Guardian ad Litem(a) IN GENERAL. Except for good cause, no person other than an active member of the District of Columbia Bar in good standing may be appointed guardian ad litem.(b) APPOINTMENT. On its own initiative or on request of a fiduciary, a person having legal custody of a minor, or other interested person, the court may appoint a guardian ad litem at any stage of a proceeding to represent the interest of any of the following persons, if the court determines that representation of the interest otherwise would be inadequate: (2) an incapacitated person;(4) an unascertained person;(5) a person whose identity or address is unknown; or(6) a designated class of persons who are not ascertained or are not in being.(c) REPRESENTATION OF SEVERAL PERSONS OR INTERESTS. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.(d) COMPENSATION AND EXPENSES. (1)In General. A guardian ad litem may receive reasonable compensation for services and reimbursement for reasonable expenses incurred, to be paid from the estate, trust, or other property that is the subject of the matter for which the guardian ad litem will be appointed, or by the petitioner or from such other source as the court may order.(2)Petition for Compensation. The guardian ad litem must file a verified petition for compensation, setting out in reasonable detail: (A) a summary of the services rendered;(B) the amount of time spent;(C) the attorney's hourly rate and the basis of that rate;(D) the amount, if any, of compensation previously received by the guardian ad litem; and(E) the value of the estate, trust, or other property from which the compensation will be paid.(3)Time for Filing Petition for Compensation. The petition must be filed within 60 days after the date the guardian ad litem's appointment ended and at other times as allowed by the court. The petition must be served on all persons entitled to notice in the proceeding.(e) INAPPLICABILITY TO GUARDIAN AD LITEM FOR SUBJECT OF INTERVENTION PROCEEDING. This rule does not apply to a guardian ad litem for the subject or the ward in an intervention proceeding governed by D.C. Code §§ 21-2001 to -2085 (2012 Repl. & 2021 Supp.).Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
Civil Rule 17(c) provides that a representative, a next friend, or a guardian ad litem appointed by the court, may sue or defend on behalf of a minor or incompetent person. This rule supplements Civil Rule 17(c) and recognizes the inherent power of the court, as an incident of its jurisdiction, to appoint guardians ad litem to represent the interests of all those whose representation would otherwise be inadequate, including the interests of unascertained and unborn beneficiaries and unknown persons. See Hatch v. Riggs National Bank , 361 F. 2d 559, 565-566 (D.C. Cir. 1966) .
The rules governing trusts provide that a guardian ad litem is not required for the appointment of a successor, substitute, or additional trustee.
A guardian ad litem for the subject in an intervention proceeding or a ward is governed by Rule 308.