DC Guardianship Law

Experienced Estate Planning Attorneys Serving DC, Maryland, and Virginia


District of Columbia Guardianship Law

Under District of Columbia Guardianship Law, a guardian is a person appointed by the local court to make healthcare decisions for an incapacitated person. Under District of Columbia Guardianship Law Section 21­2011(11) of the D.C. Code, an incapacitated individual is defined as “an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that [they] lack the capacity to manage all of some of [their] financial resources or to meet all or some essential requirements for [their] physical health, safety, habilitation, or therapeutic needs without court­-ordered assistance.” Section 13­705(b) of the Maryland code recognizes a similar meaning of incapacity. In Maryland, an individual is considered incapacitated if there is “clear and convincing evidence that a person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including provisions for health care.”

In many states, a guardian may also be appointed in other circumstances. For example, Maryland allows the court to appoint a guardian for a minor or someone suffering from a serious drug addiction. This article, however, only focuses on guardianships for incapacitated individuals.

Frequently Asked Guardianship Law Questions


What Is The Process For Appointing A Guardian In The District Of Columbia?

What If An Individual Needs A Guardian Appointed Immediately Due To An Emergency In The District Of Columbia?

Are There Any Other Types Of ‘Temporary Guardians’ In The District Of Columbia?

What Is The Scope Of The Guardian’s Power In The District Of Columbia?

What Is The Role Of An Incapacitated Individual To Make His Or Her Own Decisions In The District Of Columbia?

Who Will The Court Choose As An Incapacitated Individual's Guardian In The District Of Columbia?

When Does A Guardianship End In The District Of Columbia?

How Can I Avoid The Court Appointing A Guardian In The District Of Columbia?

Antonoplos & Associates routinely advise clients on preparing these documents, and draft them according to each client’s unique situation.