Sup. Ct. R. D.C. 323

As amended through October 11, 2024

Rule 323 - Foreign Guardians or Conservators

(a) DUTIES AND POWERS. A guardian or conservator, who is appointed by a court in the ward's or protected person's state of residence may exercise all powers of a guardian or conservator appointed in the District of Columbia and may maintain actions and proceedings in the District of Columbia subject to conditions imposed upon non-resident parties if:

(1) a guardian or conservator has not been appointed in the District of Columbia and no petition for protective proceeding is pending in the District of Columbia; and

(2) the guardian or conservator appointed by the other state files:

(A) copies of the letters of appointment authenticated in accordance with 28 U.S.C. § 1738;

(B) copies of any bond authenticated in accordance with 28 U.S.C. § 1738; and

(C) a power of attorney appointing an agent in the District of Columbia to accept service of process, on the form maintained by the Register of Wills or a form that is substantially similar in format and content.

(b) CERTIFICATE OF NO PENDING PROCEEDING. The Register of Wills must determine whether an intervention proceeding related to the ward or protected person is pending in this court. If no proceeding is pending, the Register of Wills must issue a certificate that no intervention proceeding is pending.

(c) CERTIFICATE OF COMPLIANCE. Upon request, the Register of Wills must issue a certificate that the guardian or conservator has complied with the requirements of Rule 323(a).

(d) SUSPENSION OF POWERS. The powers of a guardian or conservator appointed in another state are suspended if this court appoints a guardian or conservator with authority over the same individual or property.

Sup. Ct. R. D.C. 323

Adopted by Order dated March 4, 2022, effective 8/22/2022.

COMMENT

This rule implements the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (D.C. Code §§ 21-2401.01 to -2405.03 (2012 Repl.)). With regard to conservators, the rule applies to any fiduciary that exercises powers similar to a conservator in this jurisdiction, regardless of whether the other state refers to the fiduciary as a "guardian of the estate" or uses another term.