Rule 304.Trustees, Conservators, Guardians Ad Litem, and Other Fiduciaries

Rule 304 gathers several protections for people under a conservatorship or guardianship who cannot look out for themselves. If a trustee, conservator, guardian ad litem, or other fiduciary needs to sue or defend on behalf of an infant or incompetent person, and doing so creates a possible conflict with the fiduciary's own interest, Rule 304(a) requires reporting that conflict to the court in writing so the court can take appropriate action, rather than leaving the fiduciary to sort out the conflict alone.

The rule also controls who can hold these roles. Except for special cause shown, a guardian ad litem must be a member of the bar of the court, and the same is true, absent good cause, for anyone appointed conservator, committee, or trustee — who must also either reside within the court's subpoena power, be a bank or trust institution authorized to serve in a fiduciary capacity, or be a member of the bar authorized to practice before the court. One appointment is unnecessary by rule: a guardian ad litem is not required when the court is appointing a successor to a fiduciary already in place.

Rule 304(e) adds a geographic safeguard for the ward's property: a court-appointed fiduciary cannot remove personal assets held in that capacity from the District of Columbia, or keep them outside the District, without first getting the court's approval.