Free Notice of Initial Hearing Pursuant to 325(b) (updated 06/12/2008) - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Probate Division

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IN RE: ___________________________ An Adult

Intervention Proceeding No. _____________

NOTICE OF INITIAL HEARING PURSUANT TO 325(b) (to subject of proceeding only) TO: _________________________________ ADDRESS: _______________________________________________________________ You are notified that a petition has been filed, a copy of which is attached hereto, in which it is alleged that you are incapable of properly caring for yourself or of managing your financial affairs or both. The petition seeks the appointment of a guardian for your person or a conservator for your estate or both. The Court, being satisfied that there is good cause for the exercise of jurisdiction as to the matters alleged in said petition has set the matter for hearing on __________________________, 20____ at ____________ o'clock ____m. in Courtroom _____ of the Superior Court of the District of Columbia located at 515 5th Street, N.W., Washington, D.C. 20001. If you do not have retained counsel, the Court will appoint an attorney to represent you in these proceedings. A list of your rights in connection with the above described hearing is attached hereto. _________________________________ Petitioner/Attorney _________________________________ Address Pursuant to 325(a) and 311(c)(3) this notice must be personally delivered at least 14 days before the time set for the hearing.

NOTE:

Copies to: Parties to the above captioned case and persons granted permission to participate pursuant to SCR-PD 303 and persons who requested notice pursuant to SCR-PD 304.
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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Probate Division
IN RE: _____________________________ An Adult YOUR HEARING RIGHTS
As the subject of an intervention proceeding, you have the following rights:

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Intervention Proceeding No. ______________

1. To have your partial or total incapacity proved by clear and convincing evidence by the petitioner. 2. To an attorney of your own choice or to have an attorney appointed for you if you have not retained an attorney. 3. To be present at the hearing. 4. To present evidence on your own behalf. 5. To cross-examine witnesses who testify against you, and the right to cross-examine any examiner and visitor. 6. To have the hearing open or closed to the public at your election. 7. The right to appointment of an examiner unless a report on you has been submitted to the Court. GENERAL RIGHTS
1. Unless it is waived, notice of hearings in these proceedings must be given to each of the following:

A. The subject of the petition and his or her spouse and adult children, or if none, parents: B. Any person who is serving as guardian or conservator, or who has the care and custody of the individual alleged to be incapacitated:

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C. In case no other individual is notified under paragraph (A) of this subsection, at least one of the nearest adult relatives, if any can be found; and D. Any other person as directed by the Court. 2. 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 with the court. Upon the filing of the petition, the Court will appoint an attorney to represent the subject of the petition, unless the individual has retained 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 the interest otherwise would be inadequate. Upon the filing of the petition, the Court may appoint a visitor and an examiner pursuant to D. C. Code §§21-2042 or 21-2045. 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 of the hearing.

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POSSIBLE CONSEQUENCES OF A FINDING OF INCAPACITY OF THE RESPONDENT At the hearing, a guardian may be a ppointed for your person, and/or a conservator for your estate. The appointment may affect or transfer to the guardian or conservator title to your property, your right to contract, to manage and control your property, to give informed consent for medical treatment, to fix your place of residence, and other important rights.

GENERAL CONSEQUENCES Persons with personal and/or financial dealings with you must be aware that appointment of a guardian or conservator may affect or transfer to the guardian or conservator title to your property, your right to contract, to manage and control of property, to give informed consent to medical treatment, to fix the place of residence and other important rights.

Amended-June 2008

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