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Notice Of Initial Hearing Pursuant To (Division Rule 325b) - District Of Columbia
| Notice Of Initial Hearing Pursuant To (Division Rule 325b) Form. This is a District Of Columbia form and can be used in General Probate Superior Court Statewide . |
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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re: ________________________________ An Adult NOTICE OF INITIAL HEARING PURSUANT TO SUPERIOR COURT, PROBATE DIVISION RULE 325 NOTICE IS HEREBY GIVEN that a petition for [ ] Appointment of a guardian of an incapacitated individual [ ] General [ ] Limited [ ] mental retardation [ ] mental retardation [ ] other [ ] other [ ] Appointment of successor guardian [ ] General [ ] Limited [ ] Appointment of a conservator of a protected individual [ ] General [ ] Limited [ ] Appointment of a special conservator of a protected individual [ ] Entry of a protective order for ______________________________________________________ (subject of proceeding) has been filed, a copy of which is attached hereto. A hearing to consider the petition will be held on ______________________, 20______ at __________ o'clock ____m. in Courtroom _____of the Superior Court of the District of Columbia located at Building A, 515 5th Street, N.W., Washington, D.C. 20001. _________________________ Petitioner/attorney _____________________________________________ Address (Actual address/not Post Office Box) _________________________ Telephone number _____________________________________________ NOTE: Pursuant to Superior Court, Probate Division Rule 311(c)(3), this notice must be mailed no less than 17 days, and/or personally delivered no less than 14 days, before the date set for the hearing. Copies to: Parties to the above-captioned case and persons granted permission to participate pursuant to Superior Court, Probate Division Rule 303 and persons who requested notice pursuant to Superior Court, Probate Division Rule 304. Proof of service is required in accordance with Superior Court, Probate Division Rule 311(c)(6). March 2012 910.10.v2 American LegalNet, Inc. www.FormsWorkFlow.com The petitioner must serve a copy of the petition upon the subject of the petition and his or her counsel and on all other persons entitled to notice under D.C. Code, sec. 21-2042 by first-class mail within 3 days of the filing of the petition in accordance with Superior Court, Probate Division Rule 321(c). The petitioner must also serve a copy of this notice regarding the hearing personally on the subject of the petition and on all other individuals in accordance with Superior Court, Probate Division Rule 325. The notice must be served at least 14 days before the time set for the hearing. The Court, for good cause shown, may provide for a different method or time of giving notice for any hearing. Unless it is waived, notice of hearings in these proceedings must be given to each of the following: (1) The subject of the petition and his or her spouse. If none, his or her adult children. If none, his or her parents. If none, at least one of the nearest adult relatives of the subject. (2) Any person who is serving as guardian or conservator or who has the care and custody of the individual alleged to be incapacitated; (3) Any counsel for the subject; (4) All persons entitled to notice if this petition had been filed in the subject's home state; and (5) Any other person as directed by the Court. The subject of the petition may not waive notice. Other individuals including a guardian ad litem or other fiduciary may waive notice by a signed writing filed with the Court. Upon the filing of the petition the Court will appoint an attorney to represent the subject of the petition unless he/she has chosen counsel. At any point in the proceeding, the Court may appoint a guardian ad litem to prosecute or defend the interest of any individual if the Court determines that representation of that person's interest otherwise would be inadequate. Upon the filing of the petition, the Court may appoint a visitor and an examiner pursuant to March 2012 910.10.v2 American LegalNet, Inc. www.FormsWorkFlow.com D.C. Code, sec. 21-2041 or sec. 21-2054. The examiner and visitor will be separate individuals. Each must file and serve on all parties written reports no later than 10 days before the date set for the hearing. After the filing of the reports of the examiner and the visitor, the parties may file a joint stipulation that the proceeding is uncontested as to all issues. The purpose of the proceeding is to determine whether the subject of the intervention proceeding is incapacitated because said individual is 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 take actions necessary to [Select appropriate box(es)]: [ ] obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income [ ] provide health care, food, shelter, clothing, personal hygiene, and other care without which serious physical injury or illness is more likely than not to occur [ ] acquire and maintain those life skills that enable him or her to cope more effectively with the demands of his or her own person and of his or her own environment and to raise the level of his or her own physical, intellectual, social, emotional, and economic efficiency to meet all or some essential requirements for his or her therapeutic needs [Select one] [ ] without court-ordered assistance or [ ] without the appointment of [ ] a guardian and/or [ ] a conservator Procedure Upon the filing of a petition for the appointment of a permanent limited or general guardian, the appointment of a successor limited or general guardian, the appointment of a general or limited conservator or special conservator, or the entry of a protective order, the court will schedule a hearing on the petition. If a joint stipulation is filed, a hearing may be scheduled on an expedited basis. Not later than 5 days before the hearing the parties may file responsive pleadings in accordance with Superior Court, Probate Division Rule 321. March 2012 910.10.v2 American LegalNet, Inc. www.FormsWorkFlow.com Significance This proceeding does not repeal, alter, or amend the right of an individual who is the subject of a petition for civil commitment in any proceeding under Chapter 5 of Title 21, or the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978 (D.C. Code, sec. 6-1901, et seq.). This proceeding does not affect guardians or conservators appointed by the Court prior to September 30, 1989, unless the prior proceedings are reinstituted
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