District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]

§ 21–103. Appointment of guardians of the person by court; limitation of number of wards - (a) When an infant has neither a natural nor testamentary...

§ 21–104. Termination of guardianship of the person - A natural guardianship or an appointive guardianship of the person...

§ 21–105. Appointment by deed or will for child inheriting from parent - (a) In case of the death of either parent from...

§ 21–106. Guardian of estate - (a) Subject to sections 21-101 to 21-104, when land descends...

§ 21–107. Preferences in appointment of guardian of estate - In appointing a guardian of the estate of an infant,...

§ 21–108. Selection of guardian by infant - (a) When a guardian, either of the person or the...

§ 21–109. Spouse as guardian of estate - When an infant to whom a guardian of his or...

§ 21–110. Service on nonresident guardian; failure to give power of attorney - Before original or ancillary letters of guardianship are issued, the...

§ 21–111. Ancillary guardian of estate of nonresident infant - When an infant residing outside the District of Columbia is...

§ 21–112. Suits by ancillary guardian - (a) Upon the granting of ancillary letters, the guardian may...

§ 21–113. Enjoining spouse, parent, or testamentary guardian from interfering with minor’s estate - On application of a friend of an infant entitled to...

§ 21–114. Bond from parents of child entitled to property - When an infant whose father or mother is living becomes...

§ 21–115. Bond of guardian of estate - A guardian appointed by the court, other than a corporation...

§ 21–116. One bond for several wards - When a person is guardian to a number of persons...

§ 21–117. Additional bond - The court may at any time require a guardian to...

§ 21–118. Counter security; petition by surety - If a surety of a guardian by petition sets forth...

§ 21–119. Allowances made before bond given - An allowance made to a guardian for the clothing, support,...

§ 21–120. Settlement of actions involving minor children; appointment of guardian of estate - (a) A person entitled to maintain or defend an action...

Subchapter II - Property of Infants

§ 21–141. Possession of property - On the execution of his bond, a guardian is entitled...

§ 21–142. Inventory - Within three months after the execution and approval of his...

§ 21–143. Duties; accounts; maintenance and education; sales; compensation - A guardian shall manage the estate for the best interests...

§ 21–144. Property subject to liens - When an infant is entitled to real or personal estate...

§ 21–145. Property subject to executory contract - When an infant is: (1) entitled to real or personal...

§ 21–146. Contract for sale by adult in behalf of himself and infant - When a contract is made for the sale of real...

§ 21–147. Sale of infant’s principal for maintenance or education - When it appears, upon the verified petition of a guardian,...

§ 21–148. Sale or exchange of real estate; proceedings - When a guardian or, in case of his refusal to...

§ 21–149. Parties - The infant, together with those who would succeed to the...

§ 21–150. Proof - Every fact material to determine the propriety of a sale...

§ 21–151. Decree of sale; costs - When, in a proceeding brought pursuant to section 21-148 ,...

§ 21–152. Terms of sale; lien - A sale pursuant to a decree issued pursuant to section...

§ 21–153. Exchanges; appointment of trustees - In decreeing an exchange of an infant’s estate for other...

§ 21–154. Ratification of sales by court - A sale of property of an infant is not effectual...

§ 21–155. Sale or exchange of particular estate or remainder; application of income - Where an infant is entitled to a particular estate, as...

§ 21–156. Lease of infant’s estate - Where it appears to the court that it will be...

§ 21–157. Mortgage of infant’s estate - Where it appears to the court by proof that it...

§ 21–158. Final account - On arrival of a ward at the age of 18...

Subchapter III - Indigent Boys

§ 21–181. Enlistment of indigent minor children - The Probate Court may appoint guardians to indigent minor children...

§ 21–182. Preparation of guardianship papers - The Register of Wills shall prepare papers in connection with...

Chapter 3 - Transfers to Minors; Uniform Law

§ 21–301. Definitions - For purposes of this chapter the term: (1) “Adult” means...

§ 21–302. Scope and jurisdiction - (a) This chapter applies to a transfer that refers to...

§ 21–303. Nomination of custodian - A person having the right to designate the recipient of...

§ 21–304. Transfer by gift or exercise of power of appointment - A person may make a transfer by irrevocable gift to,...

§ 21–305. Transfer authorized by will or trust - (a) A personal representative or trustee may make an irrevocable...

§ 21–306. Other transfers by fiduciary - (a) Subject to subsection (c) of this section, a personal...

§ 21–307. Transfer by obligor - (a) Subject to subsection (b) and (c) of this section,...

§ 21–308. Receipt for custodial property - A written acknowledgement of delivery by a custodian constitutes a...

§ 21–309. Manner of creating custodial property and effecting transfer; designation of initial custodian; control - (a) Custodial property is created and a transfer is made...

§ 21–310. Single custodianship - A transfer shall be made only for 1 minor, and...

§ 21–311. Validity and effect of transfer - (a) The validity of a transfer made in a manner...

§ 21–312. Care of custodial property - (a) A custodian shall perform the following: (1) Take control...

§ 21–313. Powers of custodian - (a) A custodian, acting in a custodial capacity, has all...

§ 21–314. Use of custodial property - (a) A custodian may deliver or pay to the minor...

§ 21–315. Custodian’s expenses; compensation; bond - (a) A custodian is entitled to reimbursement from custodial property...

§ 21–316. Exemption of third person from liability - A third person, in good faith and without a court...

§ 21–317. Liability to third persons - (a) A claim may be asserted against the custodial property...

§ 21–318. Renunciation, resignation, death, or removal of custodian; designation of successor custodian - (a) A person nominated under section 21-303 or designated under...

§ 21–319. Accounting by and determination of liability of custodian - (a) A minor who has reached the age of 14...

§ 21–320. Termination of custodianship - The custodian shall transfer in an appropriate manner the custodial...

§ 21–321. Applicability - The District of Columbia Uniform Transfers to Minors Act applies...

§ 21–322. Effect of existing custodianships - (a) Any transfer of custodial property as now defined in...

§ 21–323. Uniformity of application and construction - This chapter shall be applied and construed to effectuate its...

§ 21–324. Effect of repeal of Uniform Gifts to Minors Act - To the extent that this chapter by virtue of section...

Chapter 5 - Hospitalization of Persons with Mental Illness

Subchapter I - Definitions; Commission on Mental Health

§ 21–501. Definitions - As used in the chapter: (1) “Administrator” means a person...

§ 21–501.01. Qualified psychologists - (a) Qualified psychologists are subject to the restrictions and qualifications...

§ 21–502. Commission on Mental Health; composition; appointment and terms of members; organization; chairperson; salaries - (a) The Commission on Mental Health is continued. The Chief...

§ 21–503. Examinations and hearings; subpoenas; witnesses; place - (a) The Commission shall examine alleged mentally ill persons, inquire...

Subchapter II - Voluntary and Nonprotesting Hospitalization

§ 21–511. Voluntary hospitalization and treatment - (a) A person may apply to a public or private...

§ 21–512. Release of voluntary patients - (a) A person accepted for voluntary treatment by a hospital,...

§ 21–513. Hospitalization of nonprotesting persons - A friend or relative of a person believed to have...

§ 21–514. Release of patients hospitalized under section 21-513 - Unless proceedings for hospitalization under court order have been initiated...

Subchapter III - Emergency Hospitalization

§ 21–521. Detention of persons believed to be mentally ill; transportation and application to hospital - An accredited officer or agent of the Department of Mental...

§ 21–522. Examination and admission to hospital; notice - (a) Subject to the provisions of section 21-523, the administrator...

§ 21–523. Court order requirement for hospital detention beyond 48 hours; maximum period for observation - A person admitted to a hospital or the Department under...

§ 21–524. Determination and order of court - (a) Within a period of 24 hours after the court...

§ 21–525. Hearing by court - The court shall grant a hearing to a person whose...

§ 21–526. Extension of maximum periods of time - (a) If the maximum period of time prescribed by section...

§ 21–527. Examination and release of person; notice - (a)(1) The chief clinical officer of the Department or the...

§ 21–528. Detention of person pending judicial proceedings - Notwithstanding any other provision of this subchapter, the administrator of...

Subchapter IV - Commitment Under Court Order

§ 21–541. Petition to Commission; copy to person affected - (a) Proceedings for the judicial commitment of a person in...

§ 21–542. Hearing by Commission; presence and rights of person affected; hearing regarding liability - (a) The Commission shall promptly examine a person alleged to...

§ 21–543. Representation by counsel; compensation; recess - (a) The person alleged to be mentally ill and, because...

§ 21–544. Determinations of Commission; report to court; copy to person affected; right to jury trial - If the Commission finds, after a hearing under section 21-542...

§ 21–545. Hearing and determination by court or jury; order; witnesses; jurors - (a) Upon the receipt by the court of a report...

§ 21–545.01. Renewal of commitment status by Commission; review by court - (a) At least 60 days prior to the expiration of...

§ 21–546. Periodic examinations of committed patients; procedure for examination and detention or release; petition to court - (a) A person who has been committed for treatment pursuant...

§ 21–547. Judicial determination of petition filed under section 21-546; order; psychiatrists and qualified psychologists as witnesses - (a) In considering a petition filed under section 21-546, the...

§ 21–548. Request for revocation of outpatient status; confinement pending decision on revocation of outpatient status; hearing on outpatient revocation petition - (a) A person who has been committed under section 21-545...

§ 21–549. Preservation of other rights to release - Nothing in this chapter prohibits a person from exercising a...

§ 21–550. Surety - The court in its discretion may require a petitioner under...

§ 21–551. Nonresidents - (a) If a person ordered committed to the Department by...

Subchapter V - Right to Communication; Exercise of Other Rights

§ 21–561. Mail privileges; censored mail; return to sender; visiting hours - (a) A person hospitalized in a public or private hospital...

§ 21–562. Medical and psychiatric care and treatment; records - A person detained as an emergency involuntary patient by or...

§ 21–563. Use of restraints or seclusion; record of use - A person who is hospitalized in a public or private...

§ 21–564. Exercise of property and other rights; notice of inability; persons hospitalized prior to September 15, 1964 - (a) A person admitted or committed for treatment pursuant to...

§ 21–565. Statement of release and adjudication procedures and of other rights - Upon the admission of a person to a hospital under...

Subchapter VI - Miscellaneous Provisions

§ 21–581. Proceedings instituted by Mayor of the District of Columbia - Proceedings instituted by the Mayor of the District of Columbia...

§ 21–582. Petitions, applications, or certificates of physicians or qualified psychologists - (a) A petition, application, or certificate authorized under section 21-521,...

§ 21–583. Physicians, psychiatrists and qualified psychologists as witnesses - A physician, psychiatrist or qualified psychologist making application or conducting...

§ 21–584. Witness fees - Witnesses subpoenaed under the provisions of this chapter shall be...

§ 21–585. Confinement in jail prohibited - A person apprehended, detained, or hospitalized under any provision of...

§ 21–586. Financial responsibility for care of hospitalized persons; judicial enforcement - (a) The father, mother, husband, wife, and adult children of...

§ 21–587. Veterans’ Administration and military hospital facilities - This chapter does not require the admission of a person...

§ 21–588. Forms - All applications and certificates for the hospitalization of a person...

§ 21–589. Persons hospitalized prior to September 15, 1964 - (a) Subject to subsection (b) of this section, the provisions...

§ 21–589.01. Interim provisions for term of commitment - (a) The commitment of a person committed under section 21-545...

§ 21–590. Discharge as cured; restoration to legal status. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 761, Pub. L. 89-183,...

§ 21–591. Offenses and penalties - Whoever: (1) without probable cause for believing a person to...

§ 21–592. Return to hospital of an escaped mentally ill person - When a person has been ordered confined in a hospital...

Chapter 7 - Property of Mentally Ill Persons. [Repealed]

§ 21–701. Definition [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–702. Property subject to liens [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–703. Property subject to executory contract [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–704. Contract for sale by adult in behalf of himself and mentally ill person [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–705. Ancillary guardian of nonresident mentally ill person [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–706. Suits by ancillary guardian [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

Chapter 9 - Persons with Mental Illness Found in Certain Federal Reservations

§ 21–901. Definition - As used in this chapter, “mental illness” has the same...

§ 21–902. Commitments by special commissioners of certain district courts - (a) A United States commissioner specially designated by the United...

§ 21–903. Apprehension by certain officials of persons believed to have a mental illness; proceedings - (a) An officer or employee of the United States authorized...

§ 21–904. Admission upon written application; right of release - A person in a place specified by section 21-902 may,...

§ 21–905. Superintendent to receive persons committed or apprehended under sections 21-902 and 21-903 - The Superintendent of Saint Elizabeths Hospital shall receive for observation...

§ 21–906. Examinations; adjudications; laws applicable; expense of care and treatment - (a) The Superintendent of Saint Elizabeths Hospital shall promptly examine...

§ 21–907. Transfer of military personnel - A person belonging to the armed forces arrested, apprehended, detained,...

§ 21–908. Care in a Veterans’ Administration facility - (a) If a person adjudicated to be a person with...

§ 21–909. Payment of expenses of transfers - The Superintendent of Saint Elizabeths Hospital may arrange for and...

Chapter 11 - Commitment and Maintenance of Persons with Moderate Intellectual Disabilities

§ 21–1101. Forest Haven defined. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 766, Pub. L. 89-183,...

§ 21–1102. Persons received in Forest Haven; age limit [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1103. petition as to substantial retardation; contents; verification; notice;process [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1104. Summons; contents; answer not required; return day; service [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1105. Appointment and qualifications of physicians; examination; certificate [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1106. Warrant to take into custody; detention or temporary guardianship; place of detention [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1107. Hearing; continuances; character of proofs; jury trial [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1108. Dismissal and discharge, or placement in Forest Haven; controlling considerations [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1108A. Voluntary admission to Forest Haven [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 768, Pub. L. 89-183,...

§ 21–1110. Liability of estate of public patient for maintenance. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 769, Pub. L. 89-183,...

§ 21–1111. Proceedings to charge relatives legally responsible for maintenance of public patient; collection of maintenance payments; enforcement of order; liability of decedent’s estate. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 769, Pub. L. 89-183,...

§ 21–1112. Public patients may become private patients by filing bond and paying advance. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 770, Pub. L. 89-183,...

§ 21–1113. Restrictions on discharge; petition for discharge; causes for discharge; superintendent to be notified; notice of variation of order; denial on petition not a bar to another. [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604(a)(1), 25...

§ 21–1114. Proceeding when child brought before Family Division appears to have at least a moderate intellectual disability - When a child is brought before the Family Division of...

§ 21–1115. Inquiry under this chapter if person convicted of offense - (a) On the conviction by a court of record of...

§ 21–1116. Transfer to Saint Elizabeths Hospital when person becomes insane [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1117. Separate docket of cases brought under section 21-1103; reports of commissions [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1118. Transfer of substantially retarded from National Training Schools for Boys or Girls [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1119. Removal from school of nonresidents of the District of Columbia. [Repealed] - Repealed. (Sept. 14, 1965, 79 Stat. 772, Pub. L. 89-183,...

§ 21–1120. Paroles; conditions; expense; discretion of superintendent; violation; return [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1121. Citation, order, or process on patients to be served only by superintendent [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1122. Approval of patients’ contracts, etc., by court [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

§ 21–1123. Offenses and penalties [Repealed] - Repealed. (Mar. 3, 1979, D.C. Law 2-137, § 604a1, 25...

Chapter 12 - Use of Trained Employees to Administer Medication to Persons with Intellectual Disabilities or Other Disabilities

§ 21–1201. Definitions - For the purposes of this chapter, the term: (1) “Administer”...

§ 21–1202. Self-administration of medication by program participants - A program participant may self-administer medication provided that: (1) The...

§ 21–1203. Administration of medication to program participants by trained employees - (a) Notwithstanding any other law, rule, or regulation, a program...

§ 21–1204. Requirements of medication orders - (a) The written instructions of the licensed practitioner shall state...

§ 21–1205. Rules and regulations for implementation - (a) Within 90 days of the effective date of this...

§ 21–1206. Fees - The Mayor is authorized to charge a registration fee to...

Chapter 13 - Alcoholics and Drug Addicts. [Repealed]

§ 21–1301. Appointment of committee [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1302. Bond; powers and duties [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1303. Jurisdiction of court over property [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1304. Discharge [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

Chapter 15 - Conservators. [Repealed]

§ 21–1501. Appointment of conservators [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1502. Filing of petition; requirements; time and place of hearings; appointment of guardian ad litem [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1503. Bond; powers and duties [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1504. Discharge [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1505. Appointment of temporary conservator [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1506. Personal welfare of person under conservatorship [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1507. Lis pendens [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

Chapter 17 - General Fiduciary Relations

Subchapter I - Uniform Fiduciaries Act

§ 21–1701. Definitions - (a) In this chapter unless the context otherwise requires: “bank”...

§ 21–1702. Application of payment made to fiduciaries - A person who in good faith pays or transfers to...

§ 21–1703. Transfer of negotiable instruments by fiduciary - If a negotiable instrument payable or indorsed to a fiduciary...

§ 21–1704. Check drawn by fiduciary payable to third person - If a check or other bill of exchange is drawn...

§ 21–1705. Check drawn by and payable to fiduciary - If a check or other bill of exchange is drawn...

§ 21–1706. Deposit in name of fiduciary as such - If a deposit is made in a bank to the...

§ 21–1707. Deposit in name of principal; check drawn thereon by fiduciary; check payable to drawee bank - If a check is drawn upon a bank account of...

§ 21–1708. Conforming amendment - When a fiduciary deposits in a bank to his personal...

§ 21–1709. Deposit in names of two or more trustees - When a deposit is made in a bank in the...

§ 21–1710. Law not retroactive - This chapter does not apply to transactions that took place...

§ 21–1711. Cases not provided for by chapter - In a case not provided for by this chapter the...

§ 21–1712. Short title - This subchapter may be cited as the “Uniform Fiduciaries Act”....

Subchapter II - General Provisions

§ 21–1721. Investment of trust assets. [Repealed] - Repealed. (June 16, 1989, D.C. Law 8-9, § 2(d), 36...

§ 21–1722. Prohibition from exercising powers conferred upon trustee - (a) For purposes of this section, the term: (1) “Adverse...

Chapter 18 - Charitable and Split-Interest Trusts

§ 21–1801. Charitable and split-interest trusts - (a) Notwithstanding any provision to the contrary in the governing...

Chapter 19 - Estates of Absentees and Absconders. [Repealed]

§ 21–1901. Petition for appointment of receiver, where absentees interested in property; Corporation Counsel as party [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1902. Warrant to United States marshal; fees of marshal [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1903. Notice of hearing to absentee and interested parties [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1904. Time of hearing; publication and posting of notice [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1905. Appointment of receiver; bond; finding of date of disappearance [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1906. Transfer of property to receiver; schedule of property [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1907. Possession, by receiver, of additional property; collection of debts [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1908. Procedure where absentee left only debts due him; appointment of receiver [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1909. Care, custody, sale of property [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1910. Support of absentee’s spouse and minor children [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1911. Receiver may adjust claims of or against estate [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1912. Compensation of receiver; interest of absentee in property to cease after fourteen years [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1913. Distribution after fourteen years as if absentee had died intestate [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1914. Time for distribution and accounting when receiver not appointed within thirteen years [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

§ 21–1915. Construction with other laws [Repealed] - Repealed. (Feb. 28, 1987, D.C. Law 6-204, § 3, 34...

Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney

Subchapter I - General Provisions

§ 21–2001. Rule of construction; purposes - (a) This chapter shall be liberally construed and applied to...

§ 21–2002. Supplementary general principles of law applicable - (a) Unless displaced by the particular provisions of this chapter,...

§ 21–2003. Standard of proof - In proceedings under this chapter for the appointment of a...

§ 21–2004. Effect of a finding of incapacity - A finding under this chapter that an individual is incapacitated...

Subchapter II - Definitions

§ 21–2011. Definitions - For the purposes of this chapter, the term: (1) “Best...

Subchapter III - Scope

§ 21–2021. Territorial application - Except as otherwise provided in this chapter, this chapter applies...

§ 21–2022. Practice in court - Unless specifically provided to the contrary in this chapter or...

§ 21–2023. Jury trial. [Repealed] - Repealed. (Sept. 22, 1989, D.C. Law 8-34, § 2(d), 36...

§ 21–2024. Appeals - Appellate review, including the right to appellate review, interlocutory appeal,...

Subchapter IV - Notice, Parties, and Representation in Guardianship and Protective Proceedings

§ 21–2031. Notice; method, contents, and time of giving - (a) If notice of a hearing on any petition is...

§ 21–2032. Notice; waiver - A person, including a guardian, guardian ad litem, conservator, or...

§ 21–2033. Guardian ad litem; counsel; visitor - (a) At any point in a proceeding, a court may...

§ 21–2034. Request for notice; interested person - Upon payment of any required fee, an interested person who...

Subchapter V - Guardians of Incapacitated Individuals

§ 21–2041. Procedure for court-appointment of a guardian of an incapacitated individual - (a) An incapacitated individual or any person interested in the...

§ 21–2042. Notice; guardianship proceeding - (a) In a proceeding for the appointment of a guardian...

§ 21–2043. Who may be guardian; priorities - (a) Any qualified person may be appointed guardian of an...

§ 21–2044. Findings; order of appointment - (a) The court shall exercise the authority conferred in this...

§ 21–2045. Acceptance of appointment; consent of jurisdiction - By accepting appointment, a guardian submits personally to the jurisdiction...

§ 21–2045.01. Mandatory court review of guardianships - (a)(1) Within the 3-year period after the appointment of a...

§ 21–2046. Temporary guardians - (a) Temporary guardians are guardians appointed for a finite period...

§ 21–2047. Powers and duties of general guardian and limited guardian - Except as limited pursuant to section 21-2044 , a general...

§ 21–2047.01. Limitations on temporary, limited, and general guardians - A guardian shall not have the power: (1) To consent...

§ 21–2047.02. Powers and duties of emergency and health-care guardians - (a) Except as limited by sections 21-2046 and 21-2047.01, an...

§ 21–2048. Termination of guardianship for incapacitated individual - The authority and responsibility of a guardian of an incapacitated...

§ 21–2049. Removal or resignation of guardian; termination of incapacity - (a)(1) On petition of the guardian, the court, after a...

Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals

§ 21–2051. Protective proceedings - (a) Upon petition and after notice and hearing in accordance...

§ 21–2052. Original petition for appointment or protective order - (a) The individual to be protected or any person who...

§ 21–2053. Notice - (a) On a petition for appointment of a conservator or...

§ 21–2054. Procedure concerning hearing and order on original petition - (a) Upon receipt of a petition for appointment of a...

§ 21–2055. Permissible court orders - (a) The court shall exercise the authority conferred in this...

§ 21–2056. Protective arrangements and single transactions authorized - (a) If it is established in a proper proceeding that...

§ 21–2057. Who may be appointed conservator; priorities - (a) The court may appoint a person or a corporation...

§ 21–2058. Bond - The court may require a conservator to furnish a bond...

§ 21–2059. Effect of acceptance of appointment - By accepting appointment, a conservator submits personally to the jurisdiction...

§ 21–2060. Compensation and expenses - (a) As approved by order of the court, any case...

§ 21–2061. Death, resignation, or removal of conservator - The court may remove a conservator for good cause, upon...

§ 21–2062. Petitions for orders subsequent to appointment - (a) Any person interested in the welfare of an individual...

§ 21–2063. General duty of conservator - A conservator, in relation to powers conferred by this subchapter,...

§ 21–2064. Inventory and records - Within 60 days after appointment, each conservator shall prepare and...

§ 21–2065. Accounts - (a) Each conservator shall account to the court for administration...

§ 21–2066. Conservators; title by appointment - (a) The appointment of a conservator vests in the conservator...

§ 21–2067. Recording of conservator’s letters - (a) Letters of conservatorship are evidence of the transfer of...

§ 21–2068. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions - Any sale or encumbrance to a conservator, the spouse, domestic...

§ 21–2069. Persons dealing with conservators; protection - (a) A person who in good faith either assists or...

§ 21–2070. Powers of conservator in administration - (a) Subject to limitation provided in section 21-2072, a conservator...

§ 21–2071. Distributive duties and powers of conservator - A conservator may expend or distribute income or principal of...

§ 21–2072. Enlargement or limitation of powers of conservator - Subject to the restrictions in section 21-2055(c) , the court...

§ 21–2073. Preservation of estate plan; right to examine - In investing the estate, selecting assets of the estate for...

§ 21–2074. Personal liability of conservator - (a) Even if otherwise provided for in the contract, a...

§ 21–2075. Termination of proceedings - The protected individual, conservator, or any other interested person may...

§ 21–2076. Payment of debt and delivery of property to foreign conservator without local proceedings - (a) Any person indebted to a protected individual or having...

§ 21–2077. Foreign conservator; proof of authority; bond; powers - If a conservator has not been appointed in the District...

Subchapter VII - Durable Power of Attorney

§ 21–2081. Definition - A durable power of attorney is a power of attorney...

§ 21–2082. Durable power of attorney not affected by incapacity - All acts done by an attorney in fact pursuant to...

§ 21–2083. Relation of attorney in fact to court-appointed fiduciary - (a) If, following execution of a durable power of attorney,...

§ 21–2084. Power of attorney not revoked until notice - (a) The death of a principal who has executed a...

§ 21–2085. Proof of continuance of durable and other powers of attorney by affidavit - As to acts undertaken in good faith reliance thereon, an...

Subchapter VIII - Uniform Disclaimer of Property Interests. [Repealed]

§ 21–2091. Right to disclaim interest in property. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 2, 37...

§ 21–2092. Time of disclaimer; delivery. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 3, 37...

§ 21–2093. Form of disclaimer. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 4, 37...

§ 21–2094. Effect of disclaimer. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 5, 37...

§ 21–2095. Waiver and bar. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 6, 37...

§ 21–2096. Remedy not exclusive. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 7, 37...

§ 21–2097. Application. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 8, 37...

§ 21–2098. Uniformity of application and construction. [Repealed] - Repealed. (Mar. 6, 1991, D.C. Law 8-204, § 8, 37...

Chapter 21 - Uniform General Power of Attorney

§ 21–2101. Statutory form of power of attorney - (a) The following statutory form of power of attorney is...

§ 21–2102. Durable power of attorney - A power of attorney legally sufficient under this chapter is...

§ 21–2103. Construction of powers generally - By executing a statutory power of attorney with respect to...

§ 21–2104. Construction of power relating to real property transactions - (a) In a statutory power of attorney, the language granting...

§ 21–2105. Construction of power relating to tangible personal property transactions - In a statutory power of attorney the language granting power...

§ 21–2106. Construction of power relating to stock and bond transactions - In a statutory power of attorney the language granting power...

§ 21–2107. Construction of power relating to commodity and option transactions - In a statutory power of attorney the language granting power...

§ 21–2108. Construction of power relating to banking and other financial institution transactions - In a statutory power of attorney the language granting power...

§ 21–2109. Construction of power relating to business operating transactions - In a statutory power of attorney the language granting power...

§ 21–2110. Construction of power relating to insurance transactions - In a statutory power of attorney the language granting power...

§ 21–2111. Construction of power relating to estate, trust, and other beneficiary transactions - In a statutory power of attorney the language granting power...

§ 21–2112. Construction of power relating to claims and litigation - In a statutory power of attorney the language with respect...

§ 21–2113. Construction of power relating to personal and family maintenance - (a) In a statutory power of attorney the language granting...

§ 21–2114. Construction of power relating to benefits from social security, medicare, medicaid, or other governmental programs, or military service - In a statutory power of attorney the language granting power...

§ 21–2115. Construction of power relating to retirement plan transactions - In a statutory power of attorney the language granting power...

§ 21–2116. Construction of power relating to tax matters - In a statutory power of attorney the language granting power...

§ 21–2117. Existing interests; foreign interests - The powers described in sections 21-2103 through 21-2116 are exercisable...

§ 21–2118. Uniformity of application and construction - This chapter shall be applied and construed to effectuate its...

Chapter 22 - Health-Care Decisions

Subchapter I - Durable Power of Attorney

§ 21–2201. Purpose - The purpose of this subchapter is to affirm the right...

§ 21–2202. Definitions - For the purposes of this subchapter, the term: (1) “Attorney...

§ 21–2203. Presumption of capacity - An individual shall be presumed capable of making health-care decisions...

§ 21–2204. Certification of incapacity - (a) Mental incapacity to make a health-care decision shall be...

§ 21–2205. Durable power of attorney for health care - (a) A competent adult may designate, in writing, an individual...

§ 21–2206. Rights and duties of attorney in fact - (a) Subject to any express limitations in the durable power...

§ 21–2207. Forms for creating a durable power of attorney for health care - Any written form meeting the requirements of § 21-2205 may...

§ 21–2208. Revocation - (a) At any time that the principal has the capacity...

§ 21–2209. Health-care provider limitation - (a) No health-care provider may require an individual to execute...

§ 21–2210. Substituted consent - (a) In the absence of a durable power of attorney...

§ 21–2211. Limitations - No person authorized to act pursuant to § 21-2210 shall...

§ 21–2212. Effect of subchapter - (a) Nothing in this subchapter shall be construed to condone,...

§ 21–2213. Construction - This subchapter shall be liberally construed and applied to promote...

Subchapter II - MOST Form

§ 21–2221.01. Definitions - For the purposes of this subchapter, the term: (1) "Advanced...

§ 21–2221.02. Creation of a MOST Form - (a)(1) Within 9 months after February 27, 2016, DOH shall...

§ 21–2221.03. MOST Advisory Committee - (a)(1) DOH shall establish the MOST Advisory Committee. (2) DOH...

§ 21–2221.04. MOST Form - (a) The MOST Form shall be designed to provide the...

§ 21–2221.05. Completion and execution of the MOST Form - (a) A patient shall be given the option to complete...

§ 21–2221.06. Revocation of a MOST Form - (a) A patient or the patient's authorized representative may revoke...

§ 21–2221.07. Compliance with a MOST Form - (a)(1) If an EMS personnel or health care professional encounters...

§ 21–2221.08. Comfort care - Regardless of the treatment orders on the MOST Form, EMS...

§ 21–2221.09. Reciprocity - EMS personnel and other health care professionals shall recognize a...

§ 21–2221.10. Relationship with other legal documents - If a patient has a durable power of attorney for...

§ 21–2221.11. Liability - This subchapter shall not be construed to create a private...

§ 21–2221.12. Penalties - (a) A person who, without authorization by the patient or...

§ 21–2221.13. Insurance - (a) The execution of a MOST Form shall not alter...

§ 21–2221.14. Study of electronic registry. [Repealed] - [Repealed]. (Feb. 27, 2016, D.C. Law 21-72, § 2(d), 63...

§ 21–2221.14a. Establishment of an electronic medical orders for scope of treatment registry - (a) To facilitate the use of cloud-based technology for electronic...

§ 21–2221.15. Rules - The Mayor, pursuant to [subchapter I of Chapter 5 of...

Subchapter III - Hospital Discharge Planning

§ 21–2231.01. Definitions - For the purposes of this subchapter, the term: (1) "After-care"...

§ 21–2231.02. Lay caregiver designation - (a) A hospital shall provide each patient or authorized representative...

§ 21–2231.03. Hospital discharge plan - (a) As soon as practicable before the patient's discharge, the...

§ 21–2231.04. Construction - (a) Nothing in this subchapter shall be construed to delay...

§ 21–2231.05. Rules - The Mayor, pursuant to subchapter 1 of Chapter 5 of...

Chapter 23 - Custodial Power of Attorney

§ 21–2301. Custodial power of attorney - (a) The parent of a child may create a revocable...

Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act

Subchapter I - General Provisions

§ 21–2401.01. Short title - This chapter may be cited as the “Uniform Adult Guardianship...

§ 21–2401.02. Definitions - For the purposes of this chapter, the term: (1) “Adult”...

§ 21–2401.03. International application of chapter - The Superior Court may treat a foreign country as if...

§ 21–2401.04. Communication between courts - (a) The Superior Court may communicate with a court in...

§ 21–2401.05. Cooperation between courts - (a) In a guardianship or protective proceeding in the District...

§ 21–2401.06. Taking testimony in another state - (a) In a guardianship or protective proceeding, in addition to...

Subchapter II - Jurisdiction

§ 21–2402.01. Definitions; significant connection factors - (a) For the purposes of this subchapter, the term: (1)...

§ 21–2402.02. Exclusive basis - This subchapter provides the exclusive jurisdictional basis for the Superior...

§ 21–2402.03. Jurisdiction - The Superior Court has jurisdiction to appoint a guardian or...

§ 21–2402.04. Special jurisdiction - (a) Even if the Superior Court lacks jurisdiction under §...

§ 21–2402.05. Exclusive and continuing jurisdiction - Except as otherwise provided in § 21-2402.04, a court that...

§ 21–2402.06. Appropriate forum - (a) Even if the Superior Court has jurisdiction under §...

§ 21–2402.07. Jurisdiction declined by reason of conduct - (a) If at any time the Superior Court determines that...

§ 21–2402.08. Notice of proceeding - If a petition for the appointment of a guardian or...

§ 21–2402.09. Proceedings in more than one state - Except for a petition for the appointment of a guardian...

Subchapter III - Transfer of Guardianship or Conservatorship

§ 21–2403.01. Transfer of guardianship or conservatorship to another state - (a) A guardian or conservator appointed in the District of...

§ 21–2403.02. Accepting guardianship or conservatorship transferred from another state - (a) To confirm transfer of a guardianship or conservatorship transferred...

Subchapter IV - Registration and Recognition of Orders from Other States

§ 21–2404.01. Registration of guardianship orders - If a guardian has been appointed in another state and...

§ 21–2404.02. Registration of protective orders - If a conservator has been appointed in another state and...

§ 21–2404.03. Effect of registration - (a) Upon registration of a guardianship or protective order from...

Subchapter V - Miscellaneous Provisions

§ 21–2405.01. Uniformity of application and construction - In applying and construing this uniform act, consideration shall be...

§ 21–2405.02. Relation to Electronic Signatures in Global and National Commerce Act - This chapter modifies, limits, and supersedes the Electronic Signatures in...

§ 21–2405.03. Transitional provision - (a) This chapter applies to guardianship and protective proceedings begun...

Chapter 25 - Uniform Fiduciary Access to Digital Assets Act

§ 21–2501. Short title - This chapter may be cited as the "Uniform Fiduciary Access...

§ 21–2502. Definitions - For the purposes of this chapter, the term: (1) "Account"...

§ 21–2503. Applicability - (a) This chapter applies to: (1) A fiduciary acting under...

§ 21–2504. User direction for disclosure of digital assets - (a) A user may use an online tool to direct...

§ 21–2505. Terms-of-service agreement - (a) This chapter does not change or impair a right...

§ 21–2506. Procedure for disclosing digital assets - (a) When disclosing digital assets of a user under this...

§ 21–2507. Disclosure of contents of electronic communications of deceased user - If a deceased user consented or, in the absence of...

§ 21–2508. Disclosure of other digital assets of deceased user - Unless the user prohibited disclosure of digital assets or the...

§ 21–2509. Disclosure of content of electronic communications of principal - To the extent a power of attorney expressly grants an...

§ 21–2510. Disclosure of other digital assets of principal - Unless otherwise ordered by the Superior Court, directed by the...

§ 21–2511. Disclosure of digital assets held in trust when trustee is original user - Unless otherwise ordered by the Superior Court or provided in...

§ 21–2512. Disclosure of contents of electronic communications held in trust when trustee not original user - Unless otherwise ordered by the Superior Court, directed by the...

§ 21–2513. Disclosure of other digital assets held in trust when trustee not original user - Unless otherwise ordered by the Superior Court, directed by the...

§ 21–2514. Disclosure of digital assets to conservator of protected individual - (a) After an opportunity for a hearing under § 21-2054,...

§ 21–2515. Fiduciary duty and authority - (a) The legal duties imposed on a fiduciary charged with...

§ 21–2516. Custodian compliance and immunity - (a) Not later than 60 days after receipt of the...

§ 21–2517. Uniformity of application and construction - In applying and construing this uniform act, consideration must be...

§ 21–2518. Relation to Electronic Signatures in Global and National Commerce Act - This chapter modifies, limits, or supersedes the Electronic Signatures in...

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District of Columbia Code Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]

District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]