Legal Question in Family Law in District of Columbia

Re: Guardianship over mentally-ill parent

You will need to institute an Intervention Proceeding (D.C. Code 21-2001). The Probate Division will be your starting point in D.C. Superior Court (5th floor). You will want to ask in your petition to be appointed as a General Guardian and and a General Conservator. In very broad terms, a guardian is responsible for the physical care and well-being of an incapacitated adult, including medical decisions (you will then be able to make decisions regarding what is the most appropriate way for your mother to take medicines for example); a General Conservator deals instead with the protection of property, assets and income of the incapacitated adult. Your petition is only a starting point: a finding of incapacity will have to follow and that is the hard part, because as you can well imagine the Court will investigate as much as possible into your mother's medical situation: Judges do not take easily away someone's legal capacity.... once you are nominated general guardian and conservator your mother will not be able to basically take a "step" without your consent and guidance.

Good luck to you,

Tiziana Ventimiglia, Esq.

202/271-5983

Re: Guardianship over mentally-ill parent

You can go up to the 5th floor of the DC Superior Court, Probate Division, and ask that you be given the forms packet necessary to file for

a conservatorship of your mother's affairs.

The court, after a heaing on the matter and consideration of the evidence which you present, will then appoint you as your mother's conservator

whether she want's it or not. You will be totally in control of all of her financial matters and will be charged with the duty of making periodic reports to the court.