Rule 334 Termination of conservatorship

(a) Termination by order. A conservatorship is terminated pursuant to an order of termination, entered in accordance with this rule.

(b) Termination upon death.

(1) Upon the death of the ward, the conservator shall file a notice of death forthwith. The conservator shall file a petition for termination, accompanied by a final account and report, within 60 days of the date of death.

(2) Cessation of expenditures. Upon the death of the ward, the conservator shall make no expenditures, except for expenses of administration and any expenditures authorized by the court. Any petition for authorization to make expenditures, other than for administration expenses, shall be filed no later than 30 days from the date of death. The petition need not be accompanied by a notice of hearing, and the court may act on the petition without a hearing.

(3) The hearing on the final account shall be held with the hearing on the petition for termination.

(4) Upon approval of the final account, the court shall enter an order of termination. The order of termination shall provide for expenses of administration and direct the conservator to file a verified statement evidencing transfer of the assets within 60 days of the order of termination, unless the court finds good cause for extending or shortening the time for filing the verified statement. The verified statement shall be filed together with a receipt evidencing final distribution and vouchers or cancelled checks evidencing any expenditures. If, despite diligent efforts, a receipt evidencing final distribution cannot be filed, the court may accept other evidence of distribution.

(5) In the event that the conservator is unable to make distribution of assets within the time required by the order of termination, the conservator shall, prior to the date on which the verified statement is due, file a petition for an order requiring that the estate assets be deposited in the Register of Wills Estates Deposit Account.

(6) If the estate of the ward consists of assets that are in need of protection, and no other fiduciary has been appointed, the conservator may, in the petition, advise the court of the need for protection and file with the petition a proposed order for the appointment of a Special Administrator. The court may thereupon appoint a Special Administrator pursuant to D.C. Code § 20-531.

(c) Termination in cases other than upon death.

(1) The ward, conservator, or any other interested person may file a petition to terminate the conservatorship.

(2) Upon the filing of the petition, the court shall schedule a hearing.

(3) In accordance with D.C. Code § 21-2031 and SCR-PD 311, the petitioner shall serve a copy of the petition and the notice of the hearing on the petition upon each of the following persons:

(A) the ward (if the ward is not the petitioner);

(B) the attorney of record for each party, or the party if not represented by an attorney;

(C) any person who has filed an effective request for notice pursuant to SCR-PD 304; and

(D) any other person upon whom service is required by statute or order of the court.

(4) If, after notice and hearing, the court determines that the petition should be granted, the court shall issue a preliminary order of termination and shall direct that the final account and report shall be filed within 60 days, unless the court finds good cause for extending or shortening the time for filing.

(5) Upon approval of the final account, the court shall enter a final order of termination. The final order of termination shall provide for expenses of administration and direct the conservator to file a verified statement evidencing transfer of the assets to the former ward or to such other person as the court determines is entitled to distribution. The verified statement shall be filed within 30 days of the order of termination, unless the court finds good cause for extending or shortening the time for filing the verified statement. The verified statement shall be filed together with a receipt evidencing final distribution and vouchers or cancelled checks evidencing any expenditures. If, despite diligent efforts, a receipt evidencing final distribution cannot be filed, the court may accept other evidence of distribution.