District of Columbia
D.C. Guardianship Laws: Adults, Minors and Standby Guardians (2026)
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In the District of Columbia, a court may appoint a guardian (decisions about the person) or a conservator (management of the estate) for an "incapacitated individual," an adult whose impaired ability to receive and evaluate information or to communicate decisions leaves the adult unable to manage all or some financial resources or to meet all or some essential health and safety needs without court-ordered help (D.C. Code § 21-2011(11)). The petitioner "shall present clear and convincing evidence that the appointment ... is warranted" (§ 21-2003), and the court must choose the type of guardianship that is "least restrictive to the incapacitated individual in duration and scope" (§ 21-2044(a)).
D.C. keeps two separate bodies of law. Adult guardianship and conservatorship are in Title 21, chapter 20, the District's version of the 1982 Uniform Guardianship and Protective Proceedings Act (§ 21-2001). Guardianship of a child is governed by older sections in Title 21, chapter 1, which still call a minor an "infant" (§§ 21-101 to 21-108). For how other states handle these questions, see our guardianship laws by state overview.
Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers District of Columbia law on guardianship and conservatorship of adults (D.C. Code Title 21, chapter 20), guardianship of minors (Title 21, chapter 1), the custodial power of attorney (§ 21-2301), the caregiver medical-consent form (§ 16-4901), standby guardianship (Title 16, chapter 48), third-party custody, and supported decision-making (Title 7, chapter 21B). It does not cover custody disputes between parents (see District of Columbia child custody laws), grandparent visitation (see District of Columbia grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see District of Columbia probate), neglect cases in Family Court, which are a separate track, or civil commitment.
D.C. guardianship terms and where the law lives
Title 21, chapter 20 is the adult statute. Its stated purpose includes providing "a system of general and limited guardianships for incapacitated individuals" coordinated with protective proceedings for their estates (§ 21-2001). The central definition:
"'Incapacitated individual' means an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that he or she lacks the capacity to manage all or some of his or her financial resources or to meet all or some essential requirements for his or her physical health, safety, habilitation, or therapeutic needs without court-ordered assistance or the appointment of a guardian or conservator."
D.C. Code § 21-2011(11)
| Term | What it means in D.C. | Source |
|---|---|---|
| Guardian | Decision-maker for the person; general, limited or temporary | §§ 21-2011, 21-2044 |
| Conservator | Manages the estate and affairs of a protected individual | §§ 21-2011, 21-2051 |
| Ward | The adult under guardianship | § 21-2047 |
| Emergency guardian | Temporary guardian whose authority may not extend beyond 21 days | §§ 21-2011(3), 21-2046(b) |
| Health-care guardian | Temporary guardian for an adult certified incapacitated with no guardian or other available decision-maker; up to 90 days, extendable once for up to 90 more on the statutory grounds | §§ 21-2011(3), 21-2046(c) |
| Provisional guardian | Replaces a guardian who is not effectively performing, when immediate action is needed; up to 6 months | §§ 21-2011(3), 21-2046(d) |
| Infant | The older Title 21, chapter 1 term for a minor | §§ 21-101 to 21-108 |
| Standby guardian | A parent-designated guardian of a child who acts after a triggering event | §§ 16-4801 to 16-4807 |
How to get guardianship of a child in D.C.
Parents are the natural guardians of a child's person, and that rule "does not affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it" (§ 21-101(b)).

When a child has no guardian. "When an infant has neither a natural nor testamentary guardian, a guardian of the person may be appointed by the Probate Court in its own discretion or on the application of a next friend of the infant" (§ 21-103(a)).
The child's own choice. When a guardian of a child's person or estate is appointed, the child must be brought before the court if practicable and, "if over 14 years of age, shall be entitled to select and nominate his or her guardian." A child who received a guardian before turning 14 may select a new guardian on reaching 14 (§ 21-108(a), (b)).
When it ends. "A natural guardianship or an appointive guardianship of the person of an infant ceases when said infant becomes 18 years of age or marries" (§ 21-104).
Separately, a "vulnerable youth," an unmarried noncitizen who is at least 18 but younger than 21, or a proposed guardian may petition the Family Court to appoint a guardian. The petition must describe why the appointment is in the youth's best interests, why reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis under District law, and why returning the youth to the youth's or the parents' country of nationality or last habitual residence is not in the youth's best interests. No fees are charged for the petition (§§ 16-2399.01, 16-2399.02).
Third-party custody when a parent objects
For a relative or other caregiver who is raising a child while a parent is alive, D.C.'s third-party custody chapter (§ 16-831.01 and following) is the main court route, and it sets who may file (§ 16-831.02). Its central rule protects parents: "Except when a parent consents to the relief sought by the third party, there is a rebuttable presumption in all proceedings under this chapter that custody with the parent is in the child's best interests." If the court grants custody to a third party over a parent's objection, its order "shall include written findings of fact supporting the rebuttal of the parental presumption" (§ 16-831.05).
"The third party seeking custody shall bear the burden of rebutting the parental presumption by clear and convincing evidence" (§ 16-831.06(b)). To find the presumption rebutted, the court must find by clear and convincing evidence that the parents have abandoned the child or are unwilling or unable to care for the child, that custody with a parent is or would be detrimental to the child's physical or emotional well-being, or that exceptional circumstances, detailed in writing by the court, support rebuttal. The court may not consider a parent's lack of financial means, or the fact that a parent has been the victim of an intrafamily offense (§ 16-831.07). Where the parents and the proposed custodian agree on a custody arrangement, including custody based on revocable parental consent, the court must enter it unless clear and convincing evidence shows it is not in the child's best interests (§ 16-831.06(d)(1)).
Neglect cases are a separate Family Court track; a permanent guardian appointed there has, unless the court specifies otherwise, physical custody and the rights and responsibilities § 16-2389 lists, such as to "[p]rotect, nurture, discipline, and educate the child" (§ 16-2389(a)).
Can a parent name a guardian in a will in D.C.?
Only in one situation. "When one parent is dead, the other, whether of full age or not, may, by last will and testament, appoint a guardian of the person to have the care, custody, and tuition of his infant child, other than a married infant." If the person named refuses, the Probate Court may appoint someone else (§ 21-102). While both parents are alive, the standby guardian designation described below is a statutory way for a parent to plan ahead.
Letting someone care for your child without a court order
D.C. law gives parents three tools that work without a guardianship order.
Custodial power of attorney. "The parent of a child may create a revocable custodial power of attorney that grants to another person any of the parent's rights and responsibilities regarding the care, physical custody, and control of the child," including the ability to enroll the child in school, obtain the child's educational and behavioral information from the school, consent to all school-related matters, and consent to medical, psychological or dental treatment (§ 21-2301(a)). Its limits:
- It "may not grant authority to consent to the marriage or adoption of the child" (§ 21-2301(b)).
- It "shall not affect the rights of the parent of the child in any proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the child" (§ 21-2301(c)).
- Section 21-2301 states no maximum period; it describes the power as revocable.
Caregiver medical-consent form. A parent, legal guardian or legal custodian may, in a signed writing, authorize an adult to whom the child's care has been entrusted to consent to medical, surgical, dental, developmental screening or mental health examination or treatment, including immunization, provided no court order in effect in any jurisdiction prohibits the parent, guardian or custodian from exercising that power (§ 16-4901(a), (b)). The conveyance "is revocable at will, unless other terms are agreed to," and signing it "shall not be binding in any future custody proceedings"; any later custody decision is based on the child's best interests or another applicable standard (§ 16-4901(d), (g)).
Standby guardian. A custodial parent, or a person other than a parent who has physical custody of a child and has been awarded legal custody or guardianship by a court, may designate a standby guardian under Title 16, chapter 48 (§§ 16-4801 to 16-4807, 16-4802(8)). The designation is signed and dated in the presence of 2 witnesses over 18 who cannot be the standby or alternate standby guardian, and the standby guardian signs it to accept (§ 16-4803(d), (f)); petition requirements are in § 16-4805. Once authority begins, the designator keeps concurrent authority over the child as the designator's health or immigration status permits, the designation does not extinguish or limit the existing rights of the other parent or anyone else with parental or custodial rights, and a custody order of a court of competent jurisdiction supersedes the designation (§§ 16-4804(a), (c), 16-4809(b)). The standby guardian's authority begins "upon the earliest occurrence of any one of the following events" (§ 16-4805(b)(3)):
- the parent's debilitation, with the parent's acknowledgement of debilitation and written consent to the standby guardianship starting;
- a determination that the parent is incapacitated;
- the parent's death; or
- an adverse immigration action against the parent.
If no petition for court approval was filed before the triggering event, the standby guardian has temporary authority to act as the child's legal custodian or guardian without court authorization "for a period of 90 days from the date of the triggering event," and must file a petition for approval within that 90-day period (§ 16-4807(b)).
How to become guardian of an adult in D.C.
Who may petition. "An incapacitated individual or any person interested in the welfare of the incapacitated individual may petition for appointment of a guardian, either limited, temporary, or general." The petition must be served on the subject of the petition by first-class mail within 3 days of filing (§ 21-2041(a), (c)).
Notice. "Notice shall be served personally on the alleged incapacitated individual," and that individual "may not waive notice" (§ 21-2042(c), (d)). Other people entitled to notice under § 21-2042(a) are served personally if they can be found in the District. Under the general notice rule, notice by mail goes out at least 17 days before the hearing, or by personal delivery at least 14 days before (§ 21-2031(b)).
Lawyer, examiner and visitor. "[U]nless the allegedly incapacitated individual is represented by counsel, the court shall appoint an attorney to represent the individual in the proceeding." The court also appoints an "appropriately qualified examiner" who reports in writing, and a visitor who interviews the individual; "The examiner and the visitor shall be separate persons." The court may waive the visitor, and may waive the examiner where a written report on the individual has been submitted; absent good cause, it must waive both when the petition seeks an emergency or health-care guardian and is supported by a certification of incapacity under § 21-2204 (§ 21-2041(d)). Where the incapacity is alleged to arise from an intellectual disability, the court may waive the examiner if a current individual habilitation plan is submitted (§ 21-2041(f)). The lawyer's job is defined: "The duty of counsel for the subject of a guardianship or protective proceeding is to represent zealously that individual's expressed wishes" (§ 21-2033(b)(1)).
The hearing. The individual must be present unless good cause is shown for the absence, "shall be represented by counsel and is entitled to present evidence and to cross-examine witnesses, including any court-appointed examiner or visitor." The hearing may be closed if the individual or counsel asks (§ 21-2041(h)).
What must be proved. The petitioner "shall present clear and convincing evidence that the appointment or enlargement of powers is warranted" (§ 21-2003). The court "may appoint a guardian as requested if it is satisfied that the individual for whom a guardian is sought is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision of the person of the incapacitated individual" (§ 21-2044(b)).
Least restrictive. The court "shall appoint the type of guardianship that is least restrictive to the incapacitated individual in duration and scope, taking into account the incapacitated individual's current mental and adaptive limitations, the incapacitated individual's ability to improve his or her condition, or other conditions warranting the appointment" (§ 21-2044(a)). A guardianship may be limited, temporary or general.
Who serves. "Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated individual's current stated wishes or his or her most recent nomination in a durable power of attorney" (§ 21-2043(b)). Otherwise, the persons entitled to consideration are, in order: the spouse or domestic partner, an adult child, a parent and an adult sibling (each, or a person any of them nominated by will or by a writing attested by at least 2 witnesses), then a relative the person lived with for more than 6 months before the petition, then any other person (§ 21-2043(c)). Among persons of equal priority the court picks the best qualified, and acting in the person's best interest it may pass over a person with priority (§ 21-2043(d)).
A person who provides substantial services to the adult in a professional or business capacity, is the adult's creditor, or works for such a service provider has a conflict of interest and may not be appointed, unless the person is a spouse, domestic partner, adult child, parent, adult sibling or a relative the adult lived with for more than 6 months and the court finds the conflict insubstantial and the appointment clearly in the adult's best interests (§ 21-2043(a-1)). A proposed guardian must first file a sworn statement about convictions for listed offenses (§ 21-2043(d-1)), and appointing a person convicted of those offenses, or found by law enforcement or a government agency to have inflicted harm on a child, elderly individual or person with a disability, is presumed not to be in the adult's best interests (§ 21-2043(d-2)). A guardian must keep a caseload that allows regular contact with each ward, including at least one visit per month unless the court specifies otherwise (§ 21-2043(e)).
What a D.C. guardian can decide, and what the adult keeps
What a guardian may do. A general or limited guardian may take custody of the person and establish the person's place of abode within or outside the District, if consistent with any court order on detention or commitment, and may consent to medical and psychiatric examinations and treatment, "including medical treatment, psychiatric treatment, the administration of medications, including psychotropic medications, or other professional care, treatment, or advice for the ward." A guardian consenting to that treatment is not liable for civil damages unless the act or omission is gross negligence (§ 21-2047(b)(2), (4)). D.C. Law 25-304, effective March 21, 2025, rewrote § 21-2047(b)(4) to that current wording. These powers remain subject to the limits in § 21-2047.01 below.
Rights kept. "A finding under this chapter that an individual is incapacitated shall not constitute a finding of legal incompetence. An individual found to be incapacitated shall retain all legal rights and abilities other than those expressly limited or curtailed in the order of appointment of a guardian or in a protective proceeding, or subsequent order of the court" (§ 21-2004).
How the guardian decides. The guardian must "[m]ake decisions on behalf of the ward by conforming as closely as possible to a standard of substituted judgment or, if the ward's wishes are unknown and remain unknown after reasonable efforts to discern them, make the decision on the basis of the ward's best interests" (§ 21-2047(a)(6)).
Reports. The guardian must report in writing on the ward's condition and on any of the ward's estate in the guardian's possession or control, as the court orders, "but at least semiannually" (§ 21-2047(a)(5)).
Limits on a guardian. Unless the power is expressly set out in the order of appointment or granted after a later hearing and order of the court, a guardian may not (§ 21-2047.01(1) to (3), (6), (7)):
- consent to an abortion, sterilization, psycho-surgery or removal of a bodily organ, except to preserve the person's life or prevent the immediate serious impairment of the person's physical health;
- consent to convulsive therapy, experimental treatment or research, or behavior modification programs involving aversive stimuli;
- consent to the withholding of non-emergency, life-saving medical procedures, which also requires that it appears the person would have consented to the withholding;
- "prohibit the marriage or divorce, or consent to the termination of parental rights"; or
- "impose unreasonable confinement or involuntary seclusion, including forced separation from other persons or the restriction of the incapacitated individual's access to email, phone calls, and mail."
Two limits have no court-order exception. A guardian may not consent to the voluntary or involuntary civil commitment of a person alleged to be mentally ill and dangerous, although the guardian may act as a petitioner for commitment under Title 21, chapter 5, and may not consent to the waiver of any of the person's rights in a proceeding arising from an insanity acquittal (§ 21-2047.01(4), (5)).
Three-year review. "Within the 3-year period after the appointment of a guardian and within every 3- year period thereafter in which a guardian remains appointed, the court shall appoint a case reviewer, who shall be a social worker licensed in the District of Columbia, to investigate the continued need for the guardian" (§ 21-2045.01(a)(1)). This review applies to guardianships in which a guardian was appointed on or after January 1, 2015 (§ 21-2045.01(h)). The reviewer reports within 6 months; the report is served personally on the ward, who may file written objections. Within 90 days after the report, the court reviews it, holds a hearing if the ward asks, the reviewer recommends modification, termination or removal, or the court finds a hearing appropriate, and decides whether the guardianship should continue, be modified or end (§ 21-2045.01(a)(2), (e)).
Compensation. Guardians, conservators, attorneys, examiners, visitors and case reviewers are paid only "[a]s approved by order of the court" (§ 21-2060(a)).
Conservators and protective arrangements
When a conservator may be appointed. A conservator or other protective order may be made if the individual is an incapacitated individual (or has disappeared, or is detained by a foreign power or held hostage), and either the individual "has property that will be wasted or dissipated unless property management is provided," or money is needed for the support, care and welfare of the individual or those entitled to the individual's support (§ 21-2051(b)).
Plan, inventory and reports. The conservator must submit an individual conservatorship plan "not more than 60 days after the conservator has been appointed, together with a complete inventory of the designated financial resources," and must report to the court at least annually (§ 21-2065(c), (d)).
Bond. The court may require a conservator to furnish a bond; unless otherwise directed, it equals the capital value of the estate property in the conservator's control plus 1 year's estimated income, minus securities held under court-ordered arrangements and land the conservator lacks power to sell without court authorization (§ 21-2058).
Powers. Subject to any limits the court sets, a conservator acting reasonably may, without court authorization or confirmation, invest estate funds as a trustee would and acquire or dispose of estate assets, including land in another jurisdiction (§§ 21-2070, 21-2072). A sale or other transaction affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the court approves it after a hearing (§ 21-2068).
Single transactions without a conservator. If a basis for a protective order exists, "the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected individual" (§ 21-2056(a)).
Emergency and other temporary guardians
D.C. law has three kinds of temporary guardian (§§ 21-2011(3), 21-2046):
- Emergency guardian. The court may appoint one, "whose authority may not extend beyond 21 days," if the adult has no guardian, "[a] life-threatening situation or situation involving emergency care exists," and no other person with authority to act is reasonably available, mentally capable and willing to act. The adult, the adult's counsel or any interested person may request a hearing at any time during the emergency guardianship, and the hearing "shall be held no later than 48 hours after the request." Immediately on receiving the petition, the court must appoint counsel for the adult and provide notice (§ 21-2046(b)).
- Health-care guardian. For an adult determined to be incapacitated under § 21-2204 who has no guardian, where no other person with authority to act is reasonably available, mentally capable and willing to act, the court may appoint a health-care guardian for up to 90 days. The petition must include the certification of incapacity, counsel is appointed immediately, and the hearing is held within 7 days of receipt of the petition. The court may extend the authority once, for up to 90 more days, on a determination of continued incapacity and continued need for substituted consent, or if a petition for a permanent limited or general guardian has been filed before the appointment expires (§ 21-2046(c)).
- Provisional guardian. If the court finds that an appointed guardian is not effectively performing duties and that the ward's welfare requires immediate action, it may appoint a provisional guardian, with notice to interested parties within 14 days, for a specified period not to exceed 6 months; the existing guardian's authority is suspended while the provisional guardian has authority (§ 21-2046(d)).
How a D.C. guardianship ends
"The ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship." The request may also be made informally to the court, and anyone who knowingly interferes with it may be held in contempt. "A ward seeking termination is entitled to the same rights and procedures as in an original proceeding for appointment of a guardian" (§ 21-2049(b)).

On petition of the ward, the Department on Disability Services (if the ward receives its services) or any interested person, or on its own motion, the court may after a hearing remove a guardian for grounds that include failing to discharge the guardian's duties, including the substituted-judgment standard; abuse of the guardian's powers; abuse, neglect or financial exploitation of the ward; failure to comply with a court order; interference with the ward's participation in community programs; or other good cause (§ 21-2049(a)(3)). A 2023 amendment (D.C. Law 24-296) added the abuse, neglect or financial exploitation ground, § 21-2049(a)(3)(B-i), and a bar on reappointment for a guardian removed on that ground: "A guardian previously removed pursuant to subsection (a)(3)(B-i) of this section shall not be subsequently appointed as a guardian of another ward for a minimum of 5 years after last removal and until satisfactorily proving their rehabilitation and fitness as determined by the court" (§ 21-2049(d)(1)).
Alternatives to guardianship in D.C.
Supported decision-making. Title 7, chapter 21B (added by D.C. Law 22-93, effective May 5, 2018) lets "[a]n adult with a disability" voluntarily enter one or more supported decision-making agreements under which a supporter may provide supported decision-making, be present during the process when the supported person asks, and, in the supported person's presence, help obtain information or communicate the person's decisions (§ 7-2133(a)). Key rules:
- "A supporter acting pursuant to a supported decision-making agreement may exercise only the authority expressly granted to the supporter in the supported decision-making agreement" (§ 7-2133(b)).
- The agreement "must be signed by the adult with a disability and the supporter in the presence of 2 adult witnesses or a notary public" (§ 7-2132(c)).
- A person or District agency that receives the agreement "shall rely on the agreement, unless the person or District agency has substantial cause to believe that the supported person is an adult in need of protective services," and good-faith, reasonable reliance carries no criminal or civil liability (§ 7-2133(d), (e)).
- Unless a relative of the supported person, a supporter may not be someone who provides healthcare or disability services to the person (or owns or operates the provider), or who works for a government agency financially responsible for the person's care (§ 7-2132(a)). Except in a covered education agreement, no one may be a supporter if a government agency has found that the individual abused, neglected or exploited the person, or inflicted harm on a child, elderly individual or person with a disability, or if the individual was convicted within 7 years of an offense § 7-2132(b) lists.
- "A supported decision-making agreement may be terminated at any time by the supported person or the supporter" (§ 7-2132(e)).
Powers of attorney. A durable power of attorney signed while a person has capacity can also nominate a future guardian, which the court follows unless lack of qualification or other good cause dictates otherwise (§ 21-2043(b)). Signing rules are covered on our District of Columbia power of attorney laws page. Free drafting tools are available for a District of Columbia power of attorney and a District of Columbia advance directive; a tool is not legal advice, and any document must be signed under the D.C. rules on the power of attorney page.
Health-care decisions without a guardian. Where there is no durable power of attorney for health care and the patient's incapacity has been certified under § 21-2204, D.C.'s substituted-consent statute names, in order, who may consent to health care for a patient who cannot, beginning with a court-appointed guardian or conservator acting within the scope of the appointment, a court-appointed intellectual disability advocate, then the spouse or domestic partner, an adult child, a parent and an adult sibling, among others § 21-2210(a) lists. At least 1 witness must be present when a spouse, domestic partner, relative, religious superior or close friend listed in § 21-2210(a)(2) to (6) grants, refuses or withdraws consent (§ 21-2210(c)).
Federal benefits. The Social Security Administration decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee; a legal guardian is one person it may choose, not an automatic payee (20 C.F.R. § 404.2001). The guardianship hub covers the federal layer.
Moving to or from D.C. with a guardianship
Title 21, chapter 24 "may be cited as the 'Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act'" (§ 21-2401.01). It covers transferring a guardianship out of the District by petition to the Superior Court (§ 21-2403.01) and registering an out-of-state guardianship order (§ 21-2404.01).
Official forms and help
The adult statute is on the D.C. Council code site at Title 21, chapter 20.
D.C. guardianship at a glance
| Question | D.C. rule | Statute |
|---|---|---|
| Adult law | Title 21, chapter 20 (based on the 1982 uniform act) | D.C. Code § 21-2001 |
| Who may petition for an adult | The individual or any person interested in the individual's welfare | § 21-2041(a) |
| Burden of proof | Clear and convincing evidence | § 21-2003 |
| Lawyer for the adult | Court appoints one unless the adult already has counsel | § 21-2041(d) |
| Examiner and visitor | Ordinarily both, as separate persons; either may be waived, and both are waived absent good cause for a certified emergency or health-care guardian petition | § 21-2041(d), (f) |
| Least restrictive | Required, in duration and scope | § 21-2044(a) |
| Who serves | The adult's current stated wishes or latest durable power of attorney nomination, unless lack of qualification or other good cause; then a priority list starting with spouse or domestic partner; conflict-of-interest bar | § 21-2043 |
| Rights kept | All legal rights not expressly limited in the order | § 21-2004 |
| Guardian's report | At least semiannually | § 21-2047(a)(5) |
| Mandatory review | Social-worker case reviewer every 3 years, for guardians appointed on or after Jan. 1, 2015 | § 21-2045.01 |
| Emergency guardian | No more than 21 days; counsel appointed immediately; hearing within 48 hours of a request | § 21-2046(b) |
| Conservator plan and inventory | Within 60 days of appointment | § 21-2065(c) |
| Parent naming a guardian by will | Only when the other parent is dead | § 21-102 |
| Child's choice | A child over 14 may select and nominate the guardian | § 21-108 |
| No-court tools for a child | Revocable custodial power of attorney (no stated maximum period); medical-consent form; standby guardian | §§ 21-2301, 16-4901, 16-4805 |
| Standby triggers | Consented debilitation, incapacity, death, or adverse immigration action | § 16-4805(b)(3) |
| Supported decision-making | Agreements for adults with a disability | §§ 7-2132, 7-2133 |
| Moving | Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act | § 21-2401.01 |
Related District of Columbia pages
- Guardianship laws by state
- District of Columbia power of attorney laws
- District of Columbia child custody laws
- District of Columbia grandparents' rights
- District of Columbia probate
This article provides general legal information about District of Columbia guardianship law, not legal advice. Guardianship cases turn on their facts and on court rules and practice. For advice about a specific situation, contact a lawyer licensed in the District of Columbia or the D.C. Superior Court's Probate Division.
Last updated: October 20, 2026.
Frequently Asked Questions
What must be proved to get guardianship of an adult in D.C.?
The petitioner must present clear and convincing evidence that the appointment is warranted (D.C. Code § 21-2003), and the court must be satisfied that the individual is incapacitated and that a guardian is necessary for continuing care and supervision (§ 21-2044(b)). The court must then choose the least restrictive type of guardianship in duration and scope (§ 21-2044(a)).
Does the adult get a lawyer in a D.C. guardianship case?
Yes. Unless the adult is already represented, the court must appoint an attorney, whose duty is to represent zealously the adult's expressed wishes (D.C. Code §§ 21-2041(d), 21-2033(b)(1)).
How long does an emergency guardianship last in D.C.?
An emergency guardian's authority may not extend beyond 21 days, the court must immediately appoint counsel for the adult, and a hearing requested during the emergency guardianship must be held within 48 hours of the request (D.C. Code § 21-2046(b)).
How long does a D.C. custodial power of attorney last?
D.C. Code § 21-2301 states no maximum period; it describes the power as revocable. It cannot authorize consent to the child's marriage or adoption, and it does not affect the parent's rights in any custody proceeding.
Can a D.C. parent facing deportation plan for a child's care?
A parent may designate a standby guardian whose authority can begin on an adverse immigration action against the parent, as well as on consented debilitation, incapacity or death (D.C. Code § 16-4805(b)(3)). If no court petition was filed before the triggering event, the standby guardian has 90 days of temporary authority and must petition for approval within that period (§ 16-4807(b)).
Can a parent name a guardian in a will in D.C.?
Only when the other parent is dead; the surviving parent may then appoint a guardian of the person of an unmarried minor child by will (D.C. Code § 21-102).
How can a D.C. guardianship be ended?
The ward or any interested person may petition for an order that the ward is no longer incapacitated and for termination, or ask the court informally, and the ward has the same rights and procedures as in an original appointment proceeding (D.C. Code § 21-2049(b)).
Does D.C. have a supported decision-making law?
Yes. An adult with a disability may sign a supported decision-making agreement with a supporter before 2 adult witnesses or a notary, and the supporter may exercise only the authority the agreement expressly grants (D.C. Code §§ 7-2132(c), 7-2133(b)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of the District of Columbia, Title 21: Fiduciary Relations and Persons with Mental Illness. - Chapter 20: Guardianship, Protective Proceedings, and Durable Power of Attorney. - Subchapter V: Guardians of Incapacitated Individuals.
§ 21-2044Findings; order of appointment.In force
(a) The court shall exercise the authority conferred in this subchapter so as to encourage the development of maximum self-reliance and independence of the incapacitated individual. The court, on appropriate findings, may appoint a limited guardian, a temporary guardian, or a general guardian. When the court appoints a guardian, it shall appoint the type of guardianship that is least restrictive to the incapacitated individual in duration and scope, taking into account the incapacitated individual’s current mental and adaptive limitations, the incapacitated individual’s ability to improve his or her condition, or other conditions warranting the appointment. (b) The court may appoint a guardian as requested if it is satisfied that the individual for whom a guardian is sought is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision of the person of the incapacitated individual. The court, on appropriate findings, may: (1) Treat the petition as a petition for a protective order under section 21-2051 and proceed accordingly; (2) Enter any other appropriate order; or (3) Dismiss the proceedings.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
§ 21-2045.01Mandatory court review of guardianships.In force
(1) Within the 3-year period after the appointment of a guardian and within every 3- year period thereafter in which a guardian remains appointed, the court shall appoint a case reviewer, who shall be a social worker licensed in the District of Columbia, to investigate the continued need for the guardian. (2) Within 6 months after the case reviewer’s appointment, the case reviewer shall submit to the court a report containing the results of the case reviewer’s investigation. (b) The case reviewer may be assisted in his or her investigation by a team of students enrolled in a master of social work program accredited by the Council on Social Work Education, but the case reviewer must supervise the students and submit the final report to the court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 48: Standby Guardianship.
§ 16-4804Authority of the standby guardian.In force
(a) Upon the occurrence of a triggering event, the standby guardian shall have authority to act and shall assume the rights, powers, duties, and obligations existing under law between a legal custodian and a child. The designator shall retain concurrent authority over the child as the designator's health or immigration status permits. (b) If a clinician determines, at the request of the designator, that the designator is no longer incapacitated, or the designator withdraws the consent that acknowledged debilitation, the standby guardian shall no longer have authority to act as the child’s legal custodian. Failure of a standby guardian to comply with this provision and to immediately return the child to the designator’s care shall entitle the designator to an emergency hearing in a court of competent jurisdiction. (c) The designation of a standby guardian does not extinguish or limit any rights, powers, duties, or obligations of the parent, legal custodian, or legal guardian, or of any other individual with parental or custodial rights existing at the time of the designation.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
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Sources and References
- D.C. Code § 21-2011, Definitions (guardianship and protective proceedings)(code.dccouncil.gov).gov
- D.C. Code § 21-2003, Standard of proof(code.dccouncil.gov).gov
- D.C. Code § 21-2044, Findings; order of appointment(code.dccouncil.gov).gov
- D.C. Code § 21-2001, Purposes; Uniform Guardianship and Protective Proceedings Act basis(code.dccouncil.gov).gov
- D.C. Code § 21-2051, Protective proceedings; basis for conservator(code.dccouncil.gov).gov
- D.C. Code § 21-2041, Procedure for court appointment of a guardian(code.dccouncil.gov).gov
- D.C. Code § 21-2004, Incapacity not a finding of legal incompetence(code.dccouncil.gov).gov
- D.C. Code § 21-2045.01, Mandatory court review of guardianships(code.dccouncil.gov).gov
- D.C. Code § 21-2046, Temporary guardians(code.dccouncil.gov).gov
- D.C. Code § 21-102, Testamentary guardian of a minor(code.dccouncil.gov).gov
- D.C. Code § 21-2301, Custodial power of attorney(code.dccouncil.gov).gov
- D.C. Code § 16-4805, Standby guardianship: petition and triggering events(code.dccouncil.gov).gov
- D.C. Code §§ 7-2132, 7-2133, Supported decision-making agreements(code.dccouncil.gov).gov
- D.C. Code § 7-2132, Supported decision-making agreement execution(code.dccouncil.gov).gov
- D.C. Code § 21-2047, Powers and duties of guardian(code.dccouncil.gov).gov
- D.C. Code § 21-101, Natural guardians of minors(code.dccouncil.gov).gov
- D.C. Code § 21-103, Appointment of guardian of an infant by the Probate Court(code.dccouncil.gov).gov
- D.C. Code § 21-108, Minor 14 or older may select guardian(code.dccouncil.gov).gov
- D.C. Code § 21-104, End of guardianship of a minor(code.dccouncil.gov).gov
- D.C. Code § 16-831.02, Third-party custody: who may file(code.dccouncil.gov).gov
- D.C. Code § 16-831.05, Parental presumption in third-party custody(code.dccouncil.gov).gov
- D.C. Code § 16-2389, Permanent guardian rights and responsibilities(code.dccouncil.gov).gov
- D.C. Code § 16-4901, Conveyance of authority to consent to a child's medical care(code.dccouncil.gov).gov
- D.C. Code § 16-4801, Standby guardianship: definitions and scope(code.dccouncil.gov).gov
- D.C. Code § 16-4807, Standby guardian authority after a triggering event(code.dccouncil.gov).gov
- D.C. Code § 21-2042, Notice in guardianship proceedings(code.dccouncil.gov).gov
- D.C. Code § 21-2031, Notice: method and time(code.dccouncil.gov).gov
- D.C. Code § 21-2033, Duties of counsel, visitor and guardian ad litem(code.dccouncil.gov).gov
- D.C. Code § 21-2043, Who may be guardian; priorities(code.dccouncil.gov).gov
- D.C. Code § 21-2047.01, Limitations on guardian powers(code.dccouncil.gov).gov
- D.C. Code § 21-2060, Compensation(code.dccouncil.gov).gov
- D.C. Code § 21-2065, Conservatorship plan, inventory and reports(code.dccouncil.gov).gov
- D.C. Code § 21-2056, Protective arrangements and single transactions(code.dccouncil.gov).gov
- D.C. Code § 21-2049, Termination of guardianship; removal(code.dccouncil.gov).gov
- D.C. Code § 21-2210, Substituted consent for health care(code.dccouncil.gov).gov
- 20 C.F.R. § 404.2001, Representative Payment: Introduction(www.law.cornell.edu)
- D.C. Code § 21-2401.01, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act(code.dccouncil.gov).gov
- D.C. Code Title 21, Chapter 20, Guardianship of Incapacitated Individuals and Protective Proceedings(code.dccouncil.gov).gov
- D.C. Law 25-304, Enhancing Mental Health Crisis Support and Hospitalization Amendment Act of 2024 (amending § 21-2047(b)(4))(code.dccouncil.gov).gov
- D.C. Code § 16-831.06, Award of custody to third party(code.dccouncil.gov).gov
- D.C. Code § 16-831.07, Findings to rebut the parental presumption(code.dccouncil.gov).gov
- D.C. Code § 16-4802, Standby guardianship definitions(code.dccouncil.gov).gov
- D.C. Code § 16-4803, Designation of standby guardian(code.dccouncil.gov).gov
- D.C. Code § 16-4804, Authority of standby guardian(code.dccouncil.gov).gov
- D.C. Code § 16-4809, Effect of custody order on standby designation(code.dccouncil.gov).gov
- D.C. Code § 16-2399.01, Vulnerable youth guardianship definitions(code.dccouncil.gov).gov
- D.C. Code § 16-2399.02, Petition for vulnerable youth guardianship(code.dccouncil.gov).gov
- D.C. Code § 21-2058, Conservator bond(code.dccouncil.gov).gov
- D.C. Code § 21-2070, Powers of conservator(code.dccouncil.gov).gov
- D.C. Code § 21-2072, Limiting or enlarging conservator powers(code.dccouncil.gov).gov
- D.C. Code § 21-2068, Conflict-of-interest transactions voidable(code.dccouncil.gov).gov