This is part 17 of our Washington, DC probate series and in this post, we’re discussing foreign intervention proceedings.
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If you saw our previous posts on intervention proceedings, you know that these types of cases are used to ensure that a loved one is protected in certain situations such as financial abuse and to make healthcare decisions.
Earlier in our series, we also talked about foreign estate proceedings and similar to that type of proceeding is a foreign intervention proceeding.
A foreign intervention case is opened when a guardian or conservator of an incapacitated adult who has been appointed by another jurisdiction needs authority to transact business or make health care decisions in the District of Columbia and (1) a guardian or conservator has not been appointed in the District of Columbia and (2) a petition for a protective proceeding is not pending in the District of Columbia.
After the documents required by D.C. Code, secs.21-2077, 21-2404.01, and/or 21-404.02 and SCR-PD 361 are filed and the case is opened, the foreign guardian or conservator of an exercise all powers authorized in the order of appointment from the other state. Note that the court does not appoint the foreign guardian or conservator but gives full faith and credit to the appointment of the guardian or conservator by the other court where the original proceeding was filed.
Additionally, the Probate Division offers two official documents to petitioners to assist them in carrying out their responsibilities in Washington, DC: a Certificate of Compliance, and a Certificate of Absence of Pending Proceeding. These documents evidence that the foreign guardian or conservator has filed all items that must be filed to comply with DC laws and that there is no protective proceeding pending in the District of Columbia.