Rule 341 Procedures in proceedings for appointment of 15-day temporary guardians

(a) Petition. A proceeding for the appointment of a temporary (15-day) guardian is initiated by filing a petition on Form III-A together with proposed orders appointing counsel (Form III-A-3), and a temporary guardian (Form III-D).

(b) Counsel. Immediately upon receipt of the petition, the Court shall enter an order appointing an attorney to represent the individual alleged to be incapacitated. If the petition discloses that the subject of the petition is represented by counsel, the Court shall appoint such person unless good cause to the contrary exists. The Register of Wills shall immediately serve a copy of the petition, order of appointment and any notice of hearing on the appointed counsel, and appointed counsel, shall forthwith file a notice of appearance (Form I-D).

(c) Service. The petitioner, promptly after appointment, shall serve a copy of the petition, orders of appointment and notice of appointment (Form III-B) on those entitled to notice under SCR- PD 325(a). Proof of service shall be by affidavit filed within fifteen days of appointment or if a hearing is requested in accordance with paragraph (d), no later than the time of the hearing.

(d) Request for hearing. The subject of the proceeding, counsel for the subject or any other person to whom notice is required to have been given may request a hearing within the time period of the appointment by filing a request for hearing (Form III-C). Upon receipt of such request, the Clerk shall schedule a hearing to be held within 48 hours before the Judge in Chambers.

(e) Request for extraordinary powers. Upon the filing of a petition pursuant to D.C. Code § 21-2046(a) which requests the grant of any extraordinary powers listed in D.C. Code § 21-2047(c), the Clerk shall schedule a hearing before the Judge in Chambers to be held within 48 hours. The Clerk shall notify all parties or their counsel, if any, by telephone of the hearing. Upon notification by the Clerk of the hearing, the petitioner shall immediately cause notice (Form III-E) to be personally served upon the subject of the petition and all persons to whom D.C. Code § 21-2042(a) and SCR-PD 325 (a) require notice if they can be found within the District of Columbia or, if they cannot be found within the District of Columbia, the petitioner may cause the substance of such notice to be communicated to them by any method of telecommunications reasonably calculated to result in immediate notification to them.