Rule 308 - Guardian ad Litem for Subject of the Proceeding(a) IN GENERAL. On petition or on its own initiative, the court may appoint an individual to assist the subject or ward to determine his or her interests in regard to the guardianship or protective proceeding or to make that determination if the subject or ward is unconscious or otherwise wholly incapable of determining his or her interest in the proceeding even with assistance.(b) MEMBERS OF THE BAR TO BE APPOINTED. Except for good cause, no person other than a member of the District of Columbia Bar may be appointed guardian ad litem.(c) PETITION. A petition for appointment of a guardian ad litem may be part of the petition for a general proceeding or a separate petition filed by a party, person with permission to participate, or counsel for the subject or ward. The petition must state: (1) the name, address, email address, and telephone number of any limited guardian, guardian, limited conservator, or conservator for the subject or ward;(2) the individuals most closely related, by blood or marriage, to the subject or ward;(3) the individual or facility, if any, having custody of the subject;(4) the facts and reasons supporting the request for a guardian ad litem;(5) the proposed specific duties of a guardian ad litem;(6) if the appointment of a specific individual is sought, the name, address, email address, telephone number, and qualifications of that individual; and(7) facts to show that because of impaired ability to receive and evaluate information regarding the proceeding, or because of impaired ability to communicate decisions regarding the proceeding, the subject or ward cannot determine his or her own interests without assistance, and:(A) no limited guardian or guardian for the individual has been appointed;(B) the subject's interests and those of the subject's limited guardian or guardian conflict; or(C) the appointment is otherwise required in the interests of justice.(d) NOTICE OF HEARING AND PROPOSED ORDER. If the petition to appoint a guardian ad litem is filed after the petition for general proceeding, the petitioner must file a notice of the petition and hearing and a proposed order on the forms maintained by the Register of Wills or forms that are substantially similar in format and content. The notice of the petition and hearing and the proposed order must be served with the petition.(e) ORDER OF APPOINTMENT. The court, as part of the record, must set out the reasons for appointment and the specific duties of the guardian ad litem.(f) PRACTICE STANDARDS. The guardian ad litem must represent the subject or ward in accordance with the Probate Attorney Practice Standards.(g) TERMINATION OF APPOINTMENT. The appointment of the guardian ad litem terminates upon the disposition of the petition for which the guardian ad litem was appointed unless otherwise directed by the court.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
A guardian ad litem for a person other than the subject or the ward in an intervention proceeding is governed by Rule 117.