Findings Of Fact Conclusions Of Law And Order

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION _________ INT _________ _________ IDD _________ In re ________________________________ Subject FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER A hearing was held on _________________________, 20__ on the petition of ____________________________________ for [ ] Appointment of a guardian of an incapacitated individual [ ] General [ ] Limited [ ] intellectual disability [ ] intellectual disability [ ] 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 ] Other: _________________________________________________________ [ [ [ [ [ And the Court makes the following preliminary findings: 1. The following were present: [ ] Judge __________________________________________________ [ ] Petitioner __________________________________________________ [ ] Attorney for petitioner _____________________________________________ [ ] Attorney for subject _____________________________________________ [ ] Examiner __________________________________________________ [ ] Visitor __________________________________________________ [ ] Guardian ad litem _____________________________________________ [ ] Subject was present [ ] Subject was not present, and good cause was shown for subject's absence. [ ] Other persons who were given permission to participate after the Court determined that the subject's best interests would be served by the person's participation. ____________________________________________________ _______________________________________________________________ 2. The subject of the proceeding is an adult. 3. The Court has jurisdiction because A. D.C. Code, sec. 21-2402.03 [ ] The District of Columbia is the subject's home state as defined in D.C. Code, sec. 21-2402.01(a)(2). [ ] The District of Columbia is a significant connection state as defined in D.C. Code, sec. 21-2402.01(a)(3) and one of the following applies: June 2016 ­ 905.10.v5 American LegalNet, Inc. www.FormsWorkFlow.com ] The subject does not have a home state. ] The home state court declines to exercise jurisdiction because the District of Columbia is the more appropriate forum. [ ] At the time of this order, no petition or order is pending before the home state or a significant connection state and [ ] No petition has been filed in the home state, and [ ] No objection has filed in Superior Court, and [ ] The Court finds that it is an appropriate forum. [ ] The home state and all significant connection states decline to exercise jurisdiction, and jurisdiction in the District of Columbia is more appropriate and consistent with Title 11 and the Constitution. [ ] Special jurisdiction exists in accordance with D.C. Code, sec. 21-2402.04 for the following: [ ] Issuance of a protective order as to real or tangible personal property located in the District of Columbia [ ] Appointment of a guardian or conservator for whom a provisional order to transfer a proceeding from another state has been issued. B. Other basis for jurisdiction: _________________________________________ _________________________________________________________________________ _________________________________________________________________________ 4. The subject of the proceeding was personally served at least 14 days before the hearing date. 5. All notices required by law have been given, or notice has been waived by the party to whom notice should have been sent. 6. The hearing was [ ] Open [ ] Closed at the request of counsel and/or the subject FINDINGS OF FACT Upon consideration of the petition, any reports filed herein, and the testimony and evidence presented at the hearing, the Court makes the following findings of fact: 1. The subject of this proceeding [ ] is not incapacitated. [ ] is incapacitated. 2. The subject of this proceeding is an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to take actions necessary to [ ] obtain, administer, dispose of real and personal property, intangible property, business property, benefits, and income and/or [] 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 and/or [] acquire and maintain those life skills that enable the subject to cope more effectively with the demands of the subject's own person and environment and to raise the level of the subject's physical, intellectual, social, emotional, and economic efficiency or meet all or some essential requirements for the subject's therapeutic needs 2 American LegalNet, Inc. www.FormsWorkFlow.com 1. [ 2. [ [ [ ] ] without court-ordered assistance or without the appointment of [] a guardian [] a conservator 3. The incapacity of the individual [ ] Does not arise from intellectual disability. [ ] Does arise from intellectual disability. 4. A current comprehensive evaluation or habilitation plan [ ] Does not exist. [ ] Does exist and [ ] Is on file herein [ ] May be located at ____________________________________________ 5. If a conservator is being appointed, select appropriate boxes: [ ] The incapacitated individual has property that will be wasted or dissipated unless property management is provided. [ ] Money is needed for the support, care, and welfare of the subject, and protection is necessary or desirable to obtain and provide money. [ ] Money is needed for those entitled to the incapacitated individual's support, and protection is necessary or desirable to obtain and provide money. The names and addresses of the persons entitled to such support are as follows: ___________________________________________________________________ ___________________________________________________________________ 6. A Statement of Criminal History [ ] Has been filed and reviewed by the Court [ ] Has not been filed and must be filed within 14 days of the date of this order as specified below. 7. Special findings of fact: ___________________________________________________ ___________________________________________________________________ ___________________________________________________________________ The court therefore makes the following CONCLUSIONS OF LAW [ ] The subject of this proceeding is not incapacitated, and this petition is hereby dismissed. [ ] ___