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Guardianship of Minors Statutes and Rules

By Pedro Carpenter,2014-07-10 16:35
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Guardianship of Minors Statutes and Rules ...

    Guardianship of Minors: Statutes, Rules and Forms

    I. STATUTES

    D.C. Code ? 21-101 (2007)

? 21-101. Natural guardians of the person

    (a) The father and mother are the natural guardians of the person of their minor children. When either dies or is

    incapable of acting, the natural guardianship of the person

    devolves upon the other.

    (b) This section does not affect the power of a court of competent jurisdiction to appoint another person

    guardian of the children when it appears to the court that

    the welfare of the children requires it.

    D.C. Code ? 21-102 (2007)

? 21-102. Testamentary guardians of the person

    When one parent is dead, the other, whether of full age or not, may, by last will and testament, appoint a guardian

    of the person to have the care, custody, and tuition of his

    infant child, other than a married infant; and if the

    person so appointed refuses the trust, the Probate Court

    may appoint another person in his place.

    D.C. Code ? 21-103 (2007)

? 21-103. Appointment of guardians of the person by court;

    limitation of number of wards

    (a) When an infant has neither a natural nor testamentary guardian, a guardian of the person may be

    appointed by the Probate Court in its own discretion or on

    the application of a next friend of the infant.

    (b) Only trust companies may act as guardian of the person for more than five infants at one time, unless the

    infants are members of one family.

    D.C. Code ? 21-104 (2007)

? 21-104. Termination of guardianship of the person

    A natural guardianship or an appointive guardianship of the person of an infant ceases when said infant becomes 18

    years of age or marries.

    D.C. Code ? 21-105 (2007)

? 21-105. Appointment by deed or will for child inheriting

    from parent

    (a) In case of the death of either parent from whom his or her minor children inherit or take by devise or

    bequest, the parent may by deed or last will and testament

    appoint a guardian of the property of the children, subject

    to the approval of the proper court of the District of

    Columbia.

    (b) This section does not limit or affect the power of a court of competent jurisdiction to appoint another person

    guardian of the children when it appears to the court that

    the welfare of the children requires it.

    D.C. Code ? 21-106 (2007)

? 21-106. Guardian of estate

    (a) Subject to sections 21-101 to 21-104, when land descends or is devised to an infant under 18 years of age,

    or the infant is entitled to a distributive share of the

    personal estate of an intestate or to a legacy or bequest

    under a last will, or acquires real or personal property by

    gift or purchase, the Probate Court may appoint a guardian

    of the infant’s estate; and if there is a guardian of the

person of the infant the guardian of the estate so

    appointed may be the same or a different person.

    (b) The appointment may be made at any time after the probate of the will or the grant of administration when the

    infant is entitled as a devisee, legatee, or next of kin.

    (c) Only trust companies may act as guardian of the estate of more than five infants at one time, unless the

    infants are entitled to shares of the same estate.

    D.C. Code ? 21-107 (2007)

? 21-107. Preferences in appointment of guardian of estate

    In appointing a guardian of the estate of an infant, unless said infant be over 14 years of age as hereinafter

    directed in section 21-108, the court shall give preference

    to --

    (1) the parents, or either of them, if living; or

    (2) the spouse if the infant is married to a person 18 years of age or older --

when in the judgment of the court the parent or spouse is a

    suitable person to have the management of the infant’s

    estate.

    D.C. Code ? 21-108 (2007)

? 21-108. Selection of guardian by infant

    (a) When a guardian, either of the person or the estate, of an infant is appointed, the infant shall, if

    practicable, be brought before the court, and, if over 14

    years of age, shall be entitled to select and nominate his

    or her guardian.

    (b) When a guardian has been appointed before the infant has attained the age of 14 years, the infant, upon

arriving at that age, may select a new guardian,

    notwithstanding the appointment before made.

    (c) The court shall pass upon the character and

    competency of the guardian selected by the infant, and the

    guardian shall be:

    (1) required to give bond as in other cases;

    (2) subject to the control of the court; and

    (3) under the same obligations and discharge the

    same duties -- as if selected by the court.

    (d) When, after a guardian of the estate has been

    appointed, the infant selects a new guardian upon arriving

    at the age of 14 years, and the new selection is approved

    by the court, and the person selected is duly appointed and

    qualified, the guardian previously appointed shall settle

    his final account and turn over his ward’s estate to the

    newly appointed guardian.

    D.C. Code ? 21-109 (2007)

? 21-109. Spouse as guardian of estate

    When an infant to whom a guardian of his or her estate

    has been appointed marries, he or she may select his or her

    spouse as the guardian of his or her estate, with the

    approval of the court; and after he is duly appointed and

    qualified by giving bond, as is required in other cases,

    the powers of the guardian previously appointed shall cease,

    and he shall settle his final account and turn over his

    ward’s estate to his or her spouse, according to the order

    and directions of the court.

    D.C. Code ? 21-110 (2007)

? 21-110. Service on nonresident guardian; failure to give

    power of attorney

    Before original or ancillary letters of guardianship

    are issued, the person designated, if a nonresident of the District of Columbia, shall file in the office of the Register of Wills an irrevocable power of attorney designating the Register of Wills and his successors in office as the person upon whom all notices and process issued by a competent court in the District may be served, with like effect as personal service, in relation to all suits, matters, causes, or things affecting or pertaining to the estate in which the letters are to be issued. The Register of Wills shall forthwith forward by registered or certified mail to the address of the guardian, which shall be stated in the power of attorney, all notices or process served upon the Register under this section.

    If the person fails to file the power of attorney

    within 10 days after the entry of the order of appointment, the order shall stand revoked, and he shall forfeit all rights to the office.

    D.C. Code ? 21-111 (2007)

    ? 21-111. Ancillary guardian of estate of nonresident infant

    When an infant residing outside the District of

    Columbia is entitled to property or to maintain an action in the District of Columbia, a general guardian or committee of his estate, appointed by a court of competent jurisdiction in the State or territory where the infant resides, or a person at the request of the guardian or committee, may petition the court for ancillary letters as guardian or committee. The petition shall be under oath, accompanied by certified copies of as much of the record and proceedings as shows the appointment of the guardian or committee and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority conferred. The court may thereupon issue to the guardian or committee ancillary letters as such guardian or committee, without citation, or may cite such persons as it believes proper to show cause why the application should be refused; and the court shall

require the security required by law in like cases from a

    resident guardian or committee.

    D.C. Code ? 21-112 (2007)

? 21-112. Suits by ancillary guardian

    (a) Upon the granting of ancillary letters, the guardian may institute and prosecute to judgment any action

    in the courts of the District of Columbia, take possession

    of all property of his ward, and collect and receive all

    moneys belonging and due to him therein, give full receipt

    and acquittances for debts, and release all claims, liens,

    and mortgages belonging to the ward, on property in the

    District of Columbia, in the same manner as if his

    authority had been originally conferred by the Probate

    Court.

    (b) The guardian shall give security for the costs which may accrue in an action brought by him, in the same

    manner as other nonresidents bringing suit in the courts of

    the District.

    D.C. Code ?