Group XIV: Fiduciary Proceedings · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 310 sets out what a petition to appoint a conservator must contain, requires a proposed order scheduling a hearing before the Fiduciary Judge with at least 14 days' notice and appointing a guardian ad litem for the proposed ward, and describes the findings and terms an order appointing a conservator must include.
(a)Petition. A petition for Appointment of Conservator shall be filed in compliance with D. C. Code 1981, §§ 21-1501 and 1502 and shall be typewritten and double spaced. The Petition shall be sworn to by the Petitioner, unless filed by the proposed ward. The Petition shall set forth:
(1)The residence and the fitness of the proposed Conservator to serve;
(2)The relationship of the Petitioner to the proposed ward;
(3)The name, date, and place of birth, if known, and residence of the proposed ward;
(4)The names and addresses of the nearest known heirs-at-law, or the next-of-kin, if any, of the proposed ward;
(5)The reason(s) for the appointment of a Conservator;
(6)Whether a Conservator is sought for the person as well as the estate of the proposed ward;
(7)To the extent known to the Petitioner, the character, location, and estimated value of the real and personal estate to which the proposed ward is entitled, including annual income; and
(8)A statement of the relief requested.
(b)Order. At the time of filing, the Petition shall be accompanied by a proposed order setting forth the following:
(1)That a hearing be held before the Fiduciary Judge on _______ (a date to be set by the clerk), provided that notice thereof be given to the proposed ward, and to his or her heirs-at-law and next-of-kin, not less than fourteen (14) days prior thereto; and
(2)That _______ (name to be inserted by the Court) be appointed guardian ad litem to appear and represent the interests of the proposed ward and that a written report with recommendations be filed by the guardian ad litem not less than seventy-two (72) hours before the hearing date, and served upon the Petitioner.
(c)Order Appointing Conservator. An order for the appointment of a conservator shall be presented promptly after the hearing, and shall include the following:
(1)A finding that the person for whom the conservator is sought is incapable of caring for his or her property, and that his or her best interests would be best served by the appointment of a conservator, who shall have the charge and management of the property of the ward, subject to the direction of the Court;
(2)That _______ be appointed conservator of the estate of the ward upon filing of an undertaking in the amount of _______ (to be set by the Court) and if a non-resident, the power of attorney required by law;
(3)That _______ be appointed conservator of the person of the ward.
Plain-English Summary
Rule 310 walks a petitioner through starting a conservatorship case for someone who cannot manage their own property. The petition itself must be typewritten, double-spaced, and sworn to by the petitioner, unless the proposed ward is the one filing it. It has to identify the proposed conservator and address that person's fitness to serve, explain the petitioner's relationship to the proposed ward, give the proposed ward's name, birth information, and residence, and list the proposed ward's nearest heirs-at-law or next-of-kin. It also has to explain why a conservator is needed, say whether the petition seeks a conservator of the person as well as the estate, describe what the petitioner knows about the proposed ward's real and personal property and income, and state exactly what relief is being requested.
Rule 310(b) requires the petitioner to submit a proposed order alongside the petition. That order sets a hearing date before the Fiduciary Judge, with notice going to the proposed ward and to the heirs-at-law and next-of-kin at least 14 days beforehand, and it names a guardian ad litem to appear for the proposed ward's interests. The guardian ad litem's job does not stop at appearing — the proposed order requires a written report with recommendations, filed at least 72 hours before the hearing and served on the petitioner, so everyone has a chance to consider the guardian ad litem's assessment before the hearing happens.
Rule 310(c) then describes what belongs in the order that appoints a conservator, to be presented promptly once the hearing concludes. The court must find that the proposed ward cannot care for their own property and that appointing a conservator serves their best interests, and the order gives the conservator charge and management of the estate's property, subject to the court's ongoing direction. Appointment as conservator of the estate takes effect once the conservator files the bond the court sets, along with a power of attorney if the conservator lives outside the District. The order can separately appoint a conservator of the person, distinct from the conservator of the estate.
Frequently Asked Questions
What has to be in a petition to appoint a conservator under Rule 310?
Rule 310(a) requires the proposed conservator's residence and fitness to serve, the petitioner's relationship to the proposed ward, the proposed ward's identifying information, the nearest heirs-at-law or next-of-kin, the reasons a conservator is needed, whether a conservator of the person is also sought, what is known about the proposed ward's property and income, and the relief requested.
Who has to sign the conservatorship petition?
The petitioner must swear to the petition, unless the proposed ward is the one filing it.
How much notice does the proposed ward get before the conservatorship hearing?
Rule 310(b)(1) requires the proposed order to call for notice of the hearing to be given to the proposed ward and to the proposed ward's heirs-at-law and next-of-kin at least 14 days before the hearing.
Does the proposed ward get separate representation in a conservatorship case?
Yes. Rule 310(b)(2) requires the proposed order to appoint a guardian ad litem to appear and represent the proposed ward's interests, and that guardian ad litem must file a written report with recommendations at least 72 hours before the hearing and serve it on the petitioner.
What must the court find before appointing a conservator of the estate?
Under Rule 310(c)(1), the court must find that the person is incapable of caring for their own property and that appointing a conservator, who will have charge and management of the property subject to the court's direction, best serves that person's interests.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc petition to appoint conservatorguardian ad litem conservatorship dcfiduciary judge hearing notice dcconservator of the estate bond dchow to file for conservatorship dc superior court