(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.
(Sept. 14, 1965, 79 Stat. 737, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-101.
1973 Ed., § 21-101.
Miscellaneous Notes
Section 33(a) of D.C. Law 15-354, as amended by section 48(a) of D.C. Law 16- 191, provides that Title 21 is designated Title 21 of the District of Columbia Official Code.
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.
(Sept. 14, 1965, 79 Stat. 737, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 27, 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-102.
1973 Ed., § 21-102.
Legislative History of Laws
Law 1-87, the "Anti-Sex Discriminatory Language Act," was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1-143 and transmitted to both Houses of Congress for its review.
(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.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-103.
1973 Ed., § 21-103.
A natural guardianship or an appointive guardianship of the person of an infant ceases when said infant becomes 18 years of age or marries.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; July 22, 1976, D.C. Law 1-75, § 4(d), 23 DCR 1181; Apr. 7, 1977, D.C. Law 1-107, title I, § 115, 23 DCR 8737.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-104.
1973 Ed., § 21-104.
Legislative History of Laws
Law 1-75, the "District of Columbia Age of Majority Act," was introduced in Council and assigned Bill No. 1-252, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on April 6, 1976, and April 20, 1976, respectively. Signed by the Mayor on May 14, 1976, it was assigned Act No. 1-116 and transmitted to both Houses of Congress for its review.
Law 1-107, the "Marriage and Divorce Act," was introduced in Council and assigned Bill No. 1-89, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on amended first readings on July 27, 1976, and September 15, 1976, and second readings on November 22, 1976, and December 7, 1976. Signed by the Mayor on January 4, 1977, it was assigned Act No. 1-193 and transmitted to both Houses of Congress for its review.
(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.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-105.
1973 Ed., § 21-105.
(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.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; July 22, 1976, D.C. Law 1-75, § 4(e), 23 DCR 1181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-106.
1973 Ed., § 21-106.
Legislative History of Laws
For legislative history of D.C. Law 1-75, see Historical and Statutory Notes following § 21-104.
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.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 28, 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-107.
1973 Ed., § 21-107.
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 21-102.
(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.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-108.
1973 Ed., § 21-108.
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.
(Sept. 14, 1965, 79 Stat. 739, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 29(a), 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-109.
1973 Ed., § 21-109.
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 21-102.
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.
(Sept. 14, 1965, 79 Stat. 739, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-110.
1973 Ed., § 21-110.
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.
(Sept. 14, 1965, 79 Stat. 739, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-111.
1973 Ed., § 21-111.
(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.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(a)(1).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-112.
1973 Ed., § 21-112.
On application of a friend of an infant entitled to real or personal estate, or in the exercise of its own discretion, the court may enjoin a parent or spouse or testamentary guardian from interfering with the infant's estate without being appointed and giving bond as guardian of the estate.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 30(a), 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-113.
1973 Ed., § 21-113.
Legislative History of Laws
For legislative history of D.C. Law 1-87, see Historical and Statutory Notes following § 21-102.
When an infant whose father or mother is living becomes entitled to property, the Probate Court may require the father or mother, as guardian, to give bond and security to account for the property, and on his or her failure or refusal so to do may appoint another person guardian, who shall give bond as in other cases.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-114.
1973 Ed., § 21-114.
A guardian appointed by the court, other than a corporation authorized to act as guardian, and a testamentary guardian, unless otherwise directed by the will making the appointment, before entering upon or taking possession of or interfering with the estate of the infant, shall execute a bond in such penalty and with such surety as the court approves, to be recorded and to be liable to be sued upon for the use of a person interested, with the condition that if he, as guardian, faithfully accounts to the court, as required by law, for the management of the property and estate of the infant under his care, and delivers up the property agreeably to the order of the court or the directions of law, and in all respects performs the duty of guardian according to law, then the obligation shall cease; it shall otherwise remain in full force.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(a) (2).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-115.
1973 Ed., § 21-115.
When a person is guardian to a number of persons entitled to shares of the same estate the court may accept one bond instead of separate bonds for each ward, and the bond shall be liable to be sued upon for the use of all or any of the wards as fully as separate bonds might be.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-116.
1973 Ed., § 21-116.
The court may at any time require a guardian to give bond or additional bond, when the interests of the infant require it, and on his failure or refusal so to do, may revoke his appointment and appoint another guardian in his place, and require the estate of the infant to be forthwith delivered to the newly appointed guardian, and may direct the latter to bring suit upon the bond of his predecessor.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-117.
1973 Ed., § 21-117.
If a surety of a guardian by petition sets forth that he apprehends himself to be in danger of loss in consequence of his suretyship, and prays the court to be relieved, the court, after summoning the guardian to answer the petition, may require him to give counter security to indemnify his original surety or to deliver his ward's estate into the hands of the surety or of another person. In either case, the court shall require sufficient security for the proper management and application of the estate to be given by the person into whose hands the estate is delivered, and make such other order as seems just.
(Sept. 14, 1965, 79 Stat. 740, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-118.
1973 Ed., § 21-118.
An allowance made to a guardian for the clothing, support, maintenance, education or other expenses incurred for the ward or his estate, before the guardian gives bond or is appointed, has the same effect in law as if made subsequently to the appointment of the guardian and his giving bond.
(Sept. 14, 1965, 79 Stat. 741, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-119.
1973 Ed., § 21-119.
(a) A person entitled to maintain or defend an action on behalf of a minor child, including an action relating to real estate, is competent to settle an action so brought and, upon settlement thereof or upon satisfaction of a judgment obtained therein, is competent to give a full acquittance and release of all liability in connection with the action, but such a settlement is not valid unless approved by a judge of the court in which the action is pending.
(b) A person may not receive money or other property on behalf of a minor in settlement of an action brought on behalf of or against the minor or in satisfaction of a judgment in the action, where, after deduction of fees, costs and all other expenses incident to the matter, the net value of the money and property due the minor exceeds $3,000, before he is appointed by a court of competent jurisdiction as guardian of the estate of the minor to receive the money or property, and qualifies as such.
(Sept. 14, 1965, 79 Stat. 741, Pub. L. 89-183, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-120.
1973 Ed., § 21-120.
