Rule 302.Duties and Compensation of a Guardian Ad Litem in Conservatorship Proceedings
Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 302
Comment
The appointment of a guardian ad litem under this rule is not intended to preclude the retention by the proposed ward of independent counsel to oppose the petition for conservatorship.
Performance of excessive services is not looked upon with favor. However, if special circumstances exist, such as inadequate records or apparent conflict of interest, the guardian ad litem may consider ascertaining the following: (a) Verification of names and addresses of heirs at law and next of kin; (b) Names, addresses, and telephone numbers of physicians involved in the care and treatment of the proposed ward, including references to substantive medical and psychological reports and tests, including dates of examination; (c) Description or verification of assets owned by the proposed ward and source of income, including the names, addresses and account numbers of financial institutions in which such assets and income are deposited; (d) Description of the information obtained from interviews with persons having knowledge of the proposed ward and any other person of importance to the proposed ward, including the name, address and telephone number of persons interviewed, the date of the interview, and a summary of the information obtained.
The petition for compensation should ordinarily be filed within sixty (60) days after entry of the order granting or denying appointment of a conservator.
Plain-English Summary
When the court appoints a guardian ad litem to look after the interests of someone facing a conservatorship, Rule 302(a) generally limits that appointment to a member of the District of Columbia Bar, departing from that only for good cause. The guardian's job, spelled out in Rule 302(b), is investigative and advisory: look into the petition's allegations, interview the proposed ward when that is feasible and appropriate to learn the person's own views on the conservatorship, talk with whoever else is necessary to assess whether a conservatorship is needed and who should serve, and file a written report with recommendations — including who should be conservator and what bond, if any, is appropriate — at least 72 hours before the hearing, serving a copy on the petitioner. The guardian then attends the hearing itself.
The court can expand or narrow those duties case by case, and the appointment ends automatically once the court disposes of the conservatorship petition, unless the court discharges the guardian earlier. That automatic termination does not cut off the guardian's ability to later seek fees and expenses for the work already done. Depending on how the case develops, the court can also reappoint the same guardian or name another Bar member for a specific purpose later in the proceeding.
Getting paid requires a petition supported by a detailed statement of the work performed, plus a certification that the written report was filed on time — or, if it was not, an explanation for the delay. Notice of that fee claim ordinarily goes only to the conservator, unless the claim runs against a specific party, in which case that party and the party's attorney get notice too; anyone entitled to notice has 20 days from mailing to object.
Frequently Asked Questions
Who can be appointed guardian ad litem in a conservatorship proceeding?
Ordinarily only a member of the District of Columbia Bar, except for good cause shown.
What must the guardian ad litem do before the hearing?
Investigate the petition's allegations, interview the proposed ward if feasible and appropriate, interview other relevant persons, and file a written report with recommendations at least 72 hours before the hearing, serving a copy on the petitioner.
Does the guardian ad litem's appointment continue after the conservatorship petition is decided?
No. It ends automatically when the court disposes of the petition, unless the court discharges the guardian earlier, though the guardian can still seek fees and expenses for work already done.
How does a guardian ad litem request payment?
By petition supported by a detailed statement of services and a certification that the written report was filed on time, or an explanation if it was not.
Who gets notified when a guardian ad litem asks to be paid?
Ordinarily just the conservator, unless the claim is against a particular party, in which case that party and the party's attorney also get notice and 20 days to file an objection.