Guardianship of a Child or Adult in District of Columbia
How to become a guardian of a child or an adult in District of Columbia: who can petition, the court process and alternatives.
Short answer: When a child has no natural or testamentary guardian (for example, both parents have died), the Probate Court may appoint a guardian of the person on its own or on application of a next friend; guardianship ends at 18 or marriage. D.C. Code §§ 21-101, 21-103, 21-104, 16-831.02
| Guardianship of a child | When a child has no natural or testamentary guardian (for example, both parents have died), the Probate Court may appoint a guardian of the person on its own or on application of a next friend; guardianship ends at 18 or marriage. A non-parent caring for a child while a parent is living generally seeks third-party custody in Superior Court instead: a third party may file if the parent who has been the primary caretaker within the past three years consents, if the third party has lived with and cared for the child for at least four of the last six months, or if exceptional circumstances make it necessary to prevent harm to the child. Third-party custody: https://code.dccouncil.gov/us/dc/council/code/sections/16-831.02 Re-verified 2026-10-27. |
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| Guardianship of an adult | An adult, or anyone interested in his or her welfare, may petition the D.C. Superior Court for a limited, temporary or general guardian. An incapacitated individual is an adult whose ability to receive and evaluate information or communicate decisions is impaired so much that he or she cannot manage some or all finances or meet essential needs for health and safety without court help. The court appoints a lawyer unless the person already has one, plus an examiner and a visitor (which may be waived in some cases). The court must encourage maximum self-reliance and choose the least restrictive type of guardianship in duration and scope. Re-verified 2026-10-27. |
Where to get help in District of Columbia
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FAQ
How do you get guardianship of a child in District of Columbia?
When a child has no natural or testamentary guardian (for example, both parents have died), the Probate Court may appoint a guardian of the person on its own or on application of a next friend; guardianship ends at 18 or marriage. A non-parent caring for a child while a parent is living generally seeks third-party custody in Superior Court instead: a third party may file if the parent who has been the primary caretaker within the past three years consents, if the third party has lived with and cared for the child for at least four of the last six months, or if exceptional circumstances make it necessary to prevent harm to the child.
How do you get guardianship of an adult in District of Columbia?
An adult, or anyone interested in his or her welfare, may petition the D.C. Superior Court for a limited, temporary or general guardian. An incapacitated individual is an adult whose ability to receive and evaluate information or communicate decisions is impaired so much that he or she cannot manage some or all finances or meet essential needs for health and safety without court help. The court appoints a lawyer unless the person already has one, plus an examiner and a visitor (which may be waived in some cases). The court must encourage maximum self-reliance and choose the least restrictive type of guardianship in duration and scope.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.