D.C. Code § 21-2221.10 — DC Code / Title 21 / Chapter 22 / § 21-2221.10
§ 21-2221.10. Relationship with other legal documents.
Status: in_force

If a patient has a durable power of attorney for health care under subchapter I [of the chapter], or a comparable statute in any other jurisdiction, or another legal document with a substantially equivalent purpose to a durable power of attorney or a MOST Form, the most recent document to have been executed shall govern if any conflict exists between the directives in that legal document and the directives in the patient's MOST Form.
D.C. Code § 21-2212 — DC Code / Title 21 / Chapter 22 / § 21-2212
§ 21-2212. Effect of subchapter.
Status: in_force

(a) Nothing in this subchapter shall be construed to condone, authorize, or approve mercy-killing or to permit any affirmative or deliberate act to end a human life other than to permit the natural dying process.
(b) Nothing in this subchapter shall be construed to conflict with or supersede, the Emergency Medical Treatment and Labor Act, approved April 17, 1986 (100 Stat. 164; 42 U.S.C. § 1395dd).
(c) Emergency health care may be provided without consent to a patient who is certified incapacitated under § 21-2204 , if no authorized person is reasonably available or if, in the reasonable medical judgment of the attending physician, attempting to locate an authorized person would cause:
  (1) A substantial risk of death;
  (2) The health of the incapacitated individual to be placed in serious jeopardy;
  (3) Serious impairment to the incapacitated individual’s bodily functions; or
  (4) Serious dysfunction of any bodily organ or part of the incapacitated individual.
D.C. Code § 21-2031 — DC Code / Title 21 / Chapter 20 / § 21-2031
§ 21-2031. Notice; method, contents, and time of giving.
Status: in_force

(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to the person to be notified or to the attorney, if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
  (1) By mailing a copy of the notice at least 17 days before the time set for the hearing by certified or ordinary first-class mail, addressed to the person being notified, using the post office address given in the request for notice, if any, or to the person’s office or place of residence, if known;
  (2) By personally delivering a copy to the person being notified at least 14 days before the time set for the hearing; or
  (3) In the case of an individual who has disappeared, has been detained by a foreign power, or is being held by someone other than a foreign power, by publishing, at least once a week for 3 consecutive weeks, a copy of the notice in a newspaper of general circulation in the District, the first publication of which is at least 40 days before the date set for the hearing.
(c) The court, for good cause shown, may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made by affidavit not later than the date of the hearing specified in the proceeding.
(e) The contents of the notice required in any proceeding under this chapter shall be as prescribed by court rule. Each notice shall explain the purposes, procedure, and significance of the pleading or hearing that the notice concerns, as well as the rights to which the parties are entitled.
D.C. Code § 21-1118 — DC Code / Title 21 / Chapter 11 / § 21-1118
§ 21-1118. Transfer of substantially retarded from National Training Schools for Boys or Girls.
Status: repealed

Repealed.
D.C. Code § 21-120 — DC Code / Title 21 / Chapter 1 / § 21-120
§ 21-120. Settlement of actions involving minor children; appointment of guardian of estate.
Status: in_force

(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.
D.C. Code § 21-1709 — DC Code / Title 21 / Chapter 17 / § 21-1709
§ 21-1709. Deposit in names of two or more trustees.
Status: in_force

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee authorized by the others to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
D.C. Code § 21-1109 — DC Code / Title 21 / Chapter 11 / § 21-1109
§ 21-1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties.
Status: repealed

Repealed.
D.C. Code § 21-111 — DC Code / Title 21 / Chapter 1 / § 21-111
§ 21-111. Ancillary guardian of estate of nonresident infant.
Status: in_force

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.
D.C. Code § 21-147 — DC Code / Title 21 / Chapter 1 / § 21-147
§ 21-147. Sale of infant’s principal for maintenance or education.
Status: in_force

When it appears, upon the verified petition of a guardian, or in a case of his refusal to act, a next friend of an infant, and the appearance and answer of the infant by guardian to be appointed by the court, and proof by deposition of one or more disinterested witnesses, that a sale of the principal of the infant’s estate, or of a part thereof, whether real or personal, is necessary for his maintenance or education, regard being had to his condition and prospects in life, the Probate Court may decree the sale on terms which to it seem proper.
D.C. Code § 21-706 — DC Code / Title 21 / Chapter 7 / § 21-706
§ 21-706. Suits by ancillary guardian.
Status: repealed

Repealed.
D.C. Code § 21-2221.14a — DC Code / Title 21 / Chapter 22 / § 21-2221.14a
§ 21-2221.14a. Establishment of an electronic medical orders for scope of treatment registry.
Status: in_force

(a) To facilitate the use of cloud-based technology for electronic Medical Orders for Scope of Treatment ("MOST") Forms, the DOH shall issue a request for proposals from and contract with an electronic MOST service or multiple electronic MOST services to connect with health care providers at the point of care through the State-designated health information exchange.
(b) A MOST registry shall:
  (1) Be approved by the MOST Advisory Committee established pursuant to [§ 21-2221.03] ;
  (2) Meet the technology, security, and privacy standards set by the MOST Advisory Committee; and
  (3) Allow for the authentication of a declarant's identify for a MOST form that is not witnessed.
(c) DOH shall carry out appropriate education and outreach efforts to increase public awareness of an electronic MOST service.
D.C. Code § 21-1912 — DC Code / Title 21 / Chapter 19 / § 21-1912
§ 21-1912. Compensation of receiver; interest of absentee in property to cease after fourteen years.
Status: repealed

Repealed.
D.C. Code § 21-2202 — DC Code / Title 21 / Chapter 22 / § 21-2202
§ 21-2202. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Attorney in fact” means the person who receives the power of attorney for health-care decisions pursuant to the provisions of this subchapter.
(1A) “Close friend” means any adult who has exhibited significant care and concern for the patient, and has maintained regular contact with the patient so as to be familiar with his or her activities, health, and religious and moral beliefs.
(2) “District” means the District of Columbia.
(2A) “Domestic partner” means an adult person living with, but not married to, another adult person in a committed, intimate relationship. The term “domestic partner” shall include any adult who has registered as a domestic partner under the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 ( D.C. Law 9-114 ; D.C. Official Code § 32-701 et seq.), as well as any adult who has registered as a domestic partner in a substantially equivalent program administered by another jurisdiction.
(2B) “Domestic partnership” means 2 adult persons living together, but not married, in a committed, intimate relationship. The term “domestic partnership” shall include any relationship registered under § 32-701(4) , as well as any relationship in another jurisdiction that includes a substantially equivalent registration requirement, including those relationships recognized under § 32-702(i) .
(3) “Durable power of attorney for health care” means a legally enforceable document that:
  (A) Is executed in the District in a manner consistent with this subchapter or validly executed in another jurisdiction pursuant to similar provisions of the law of that jurisdiction; and
  (B) Creates a power of attorney for health-care decisions, which is effective upon, and only during incapacitation and is unaffected by the subsequent disability or incapacity of the principal as defined in this subchapter.
(4) “Health-care provider” means any person or organizational entity, including health care facilities as defined in § 44-501 , licensed or otherwise authorized to provide health-care services in the District.
(5) “Incapacitated individual” means an adult individual who lacks sufficient mental capacity to appreciate the nature and implications of a health-care decision, make a choice regarding the alternatives presented or communicate that choice in an unambiguous manner.
(5A) “Member of a religious order or diocesan priest” means an unmarried adult who, by vow or other bond of commitment, voluntarily undertakes a style of living under the rule and direction of a religious order or community that has been established for religious purposes and has been recognized and approved as a religious order or community by a church.
(6) “Principal” means a person who is competent to make health-care decisions for his or her own benefit or on his or her own account.
(6A) “Qualified psychologist” means a person who is licensed pursuant to § 3-1205.01 and has:
  (A) One year of formal training within a hospital setting; or
  (B) Two years of supervised clinical experience in an organized health-care setting, one year of which must be post-doctoral.
(7) “Religious superior” means a bishop or a member of a religious order who, under the approved constitution, laws, statutes, bylaws, or rules of the religious order or community, exercises authority over the particular community or unit of the religious order to which the member of the religious order or community belongs.
D.C. Code § 21-2075 — DC Code / Title 21 / Chapter 20 / § 21-2075
§ 21-2075. Termination of proceedings.
Status: in_force

The protected individual, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected individual seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the incapacity of the protected individual or the need for the protective arrangement has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected individual or to successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.
D.C. Code § 21-528 — DC Code / Title 21 / Chapter 5 / § 21-528
§ 21-528. Detention of person pending judicial proceedings. [Repealed].
Status: repealed

Repealed.
D.C. Code § 21-501.01 — DC Code / Title 21 / Chapter 5 / § 21-501.01
§ 21-501.01. Qualified psychologists.
Status: in_force

(a) Qualified psychologists are subject to the restrictions and qualifications for practice contained in § 3-1201.01 et seq. .
(b) Whenever a qualified psychologist has the responsibility for the voluntary, nonprotesting, emergency, or court-ordered admission or hospitalization of a person who is mentally ill, that qualified psychologist or the provider shall, prior to or at the time of admission or commitment, identify a psychiatrist or other appropriate physician who shall be responsible for the medical evaluation and medical management of the person who is mentally ill during the period in which the person is receiving treatment from that provider. The qualified psychologist may be responsible for all other evaluation and management of the mental health services or mental health services or supports for the person who is mentally ill.
D.C. Code § 21-2513 — DC Code / Title 21 / Chapter 25 / § 21-2513
§ 21-2513. Disclosure of other digital assets held in trust when trustee not original user.
Status: in_force

(a) Unless otherwise ordered by the Superior Court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
  (1) A written request for disclosure in physical or electronic form;
  (2) A certified copy of the trust instrument or a certification of the trust under § 19-1310.13 ;
  (3) A certification by the trustee, under penalty of perjury, that the trust exists, and the trustee is a currently acting trustee of the trust; and
  (4) If requested by the custodian:
    (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
    (B) Evidence linking the account to the trust.
D.C. Code § 21-2061 — DC Code / Title 21 / Chapter 20 / § 21-2061
§ 21-2061. Death, resignation, or removal of conservator.
Status: in_force

(a) (1) The court may, upon notice and hearing, remove a conservator for abuse, neglect, or financial exploitation of an individual for whom the conservator has been appointed or for any other good cause.
  (2) The court may accept the resignation of a conservator.
(b) (1) Upon the conservator's death, resignation, or removal, the court may appoint another conservator, who shall succeed to the title and powers of the previous conservator.
  (2) (A) A conservator removed for abuse, neglect, or financial exploitation of an individual for whom the conservator has been appointed shall not be subsequently appointed as a conservator for another person for a minimum of 5 years after last removal and until satisfactorily proving their rehabilitation and fitness as determined by the court.
    (B) In the event that a removed conservator holds a professional license, the court may report the misconduct to the appropriate licensing authority.
D.C. Code § 21-1905 — DC Code / Title 21 / Chapter 19 / § 21-1905
§ 21-1905. Appointment of receiver; bond; finding of date of disappearance.
Status: repealed

Repealed.
D.C. Code § 21-563 — DC Code / Title 21 / Chapter 5 / § 21-563
§ 21-563. Use of restraints or seclusion; record of use.
Status: in_force

A person who is hospitalized in a public or private hospital pursuant to this chapter has the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff, pursuant to § 7-1231.01 et seq. .
D.C. Code § 21-902 — DC Code / Title 21 / Chapter 9 / § 21-902
§ 21-902. Commitments by special commissioners of certain district courts.
Status: in_force

(a) A United States commissioner specially designated by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland may commit to Saint Elizabeths Hospital, for observation and diagnosis, a person found in a place over which the United States has exclusive or concurrent jurisdiction in Arlington County, Fairfax County, Loudoun County or the city of Alexandria, in the State of Virginia, or in Montgomery County or Prince Georges County in the State of Maryland, who is alleged, and is believed by the commissioner, to be a person with a mental illness. A United States commissioner specially designated by the United States District Court for the District of Columbia has like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 21-903.
(b) A commitment provided for by subsection (a) of this section shall be for not more than 30 days and may be made only after a hearing before the commissioner upon:
  (1) the testimony under oath of at least two witnesses as to their belief that the person is a person with a mental illness; and
  (2) the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diagnosis of nervous and mental disorders, that they have examined the alleged a person with a mental illness and believe him to be a person with a mental illness and not fit to remain at liberty and go unrestrained, and that he should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preservation of the peace and good order.
(c) The head of the agency of the United States in control of the place where a person is apprehended for a hearing pursuant to this section shall forthwith notify the spouse or a near relative or friend of the person so apprehended whose address is known to him or can by reasonable inquiry be ascertained by him. In the case of a person described by section 21-907, the agency head shall notify the head of the department having jurisdiction over the service to which the person belongs.
(d) The agency of the United States in control of the place where a person is apprehended for a hearing pursuant to this section may employ physicians for the purpose and pay compensation for their services and pay expenses of witnesses in the proceedings out of funds available therefor. Physicians who are officers or employees of the United States or who are members of the armed forces of the United States may render the services without additional compensation.
D.C. Code § 21-2221.09 — DC Code / Title 21 / Chapter 22 / § 21-2221.09
§ 21-2221.09. Reciprocity.
Status: in_force

EMS personnel and other health care professionals shall recognize a MOST Form or similar instrument executed in another state as if the instrument were executed in accordance with the laws of that state.
D.C. Code § 21-542 — DC Code / Title 21 / Chapter 5 / § 21-542
§ 21-542. Hearing by Commission; presence and rights of person affected; hearing regarding liability.
Status: in_force

(a) The Commission shall promptly examine a person alleged to be mentally ill after the filing of a petition under § 21-541 and shall thereafter promptly hold a hearing on the issue of his mental illness. The hearing shall be conducted in a manner consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition. In conducting the hearing, the Commission shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. A person with respect to whom a hearing is held under this section may, in his discretion, be present at the hearing, to testify, and to present and cross-examine witnesses.
(b) The Commission shall also hold a hearing in order to determine liability under the provisions of § 21-586 for the expenses of commitment of the alleged mentally ill person, if it is determined that he is mentally ill and should be committed as provided under this chapter. The hearing may be conducted separately from the hearing on the issue of mental illness. If conducted separately, it may be conducted by the Chairman of the Commission alone.
(c) If it is determined by the Commission that transporting a person who is the subject of a petition filed under § 21-541 for a hearing under this section poses a significant risk to the safety and wellbeing to the person, court personnel, or the public, the Commission may, upon written request from the chief of service of a hospital, the chief clinical officer of the Department of Behavioral Health or their designee, or the person's attorney, grant a continuance of the hearing. The Commission shall consider reasonable alternatives to in-person attendance, such as virtual attendance, in lieu of granting a continuance under this subsection. The continuance shall last for no longer than 48 hours and shall take into consideration the nature of the case and the specific circumstances that would warrant a continuance, which may include:
  (1) severe weather conditions that pose a safety risk;
  (2) threats to the security of the individuals transporting the person subject to the petition;
  (3) medical conditions of the person that would make transportation unsafe; or
  (4) a declaration of a public health emergency that would make an in-person hearing unsafe.
D.C. Code § 21-589.01 — DC Code / Title 21 / Chapter 5 / § 21-589.01
§ 21-589.01. Interim provisions for term of commitment.
Status: in_force

(a) The commitment of a person committed under § 21-545 for an indeterminate period of time shall expire 548 days after December 10, 2004, unless the chief clinical officer of the Department, facility, hospital, or mental health provider has petitioned for recommitment of the person.
(b) A petition for recommitment under this section shall be subject to the provisions for a petition for renewal of commitment brought under § 21-545.01 unless the provision is inconsistent with this section.
(c) A petition for recommitment may be filed at any time during the 548-day period, but not later than 60 days prior to the expiration of the 548-day period. For good cause shown, a petition for recommitment may be filed within the last 60 days of the 548-day period.
(d) If a petition for recommitment is pending at the expiration of the 548-day period, the period of commitment shall be extended pending resolution of the petition.
(e) This section shall apply as of July 20, 2005.
D.C. Code § 21-1203 — DC Code / Title 21 / Chapter 12 / § 21-1203
§ 21-1203. Administration of medication to program participants by trained employees.
Status: in_force

(a) Notwithstanding any other law, rule, or regulation, a program employee who has been trained in accordance with § 21-1205(b) may administer prescription or nonprescription medication to a program participant in compliance with the signed, written instructions of a licensed practitioner if:
  (1) The program participant, guardian, or parent has been notified of the administration of medication in writing.
  (2) The trained employee is under the general supervision of a registered nurse who has been trained and certified pursuant to rules and regulations promulgated by the Mayor under § 21-1205(a) , or has successfully completed a training program in medication administration approved by the State of Maryland or the Commonwealth of Virginia; and
  (3) The program participant is incapable of self-administration of medication.
(b) Program employees who are trained to administer medication in accordance with this chapter shall be immune from civil liability arising from a wrongful act or omission in administering medication, except that they shall not be immune from civil liability if the wrongful act or omission in administering medication is intentional or manifests a willful or wanton disregard for the health or safety of the program participant to whom the medication is administered. Neither the District government nor the program shall be liable in circumstances where program employee is immune under this section, unless the conduct of the employee is gross negligence.
(c) Registered nurses who authorize or monitor the administration of medication, or provide training in accordance with this chapter, shall be immune from civil liability arising from a wrongful act or omission in authorizing or monitoring the administration of medication or providing training, except that they shall not be immune from civil liability if the wrongful act or omission in authorizing or monitoring the administration of medication or providing training is intentional or manifests a willful or wanton disregard for the health or safety of the program participant to whom the medication is administered. Neither the District government nor the program shall be liable in circumstances where the program employee is immune under this section, unless the conduct of the employee is gross negligence.
D.C. Code § 21-2047.01 — DC Code / Title 21 / Chapter 20 / § 21-2047.01
§ 21-2047.01. Limitations on temporary, limited, and general guardians.
Status: in_force

A guardian shall not have the power:
(1) To consent to an abortion, sterilization, psycho-surgery, or removal of a bodily organ except to preserve the life or prevent the immediate serious impairment of the physical health of the incapacitated individual, unless the power to consent is expressly set forth in the order of appointment or after subsequent hearing and order of the court;
(2) To consent to convulsive therapy, experimental treatment or research, or behavior modification programs involving aversive stimuli, unless the power to consent is expressly set forth in the order of appointment or after subsequent hearing and order of the court;
(3) To consent to the withholding of non-emergency, life-saving, medical procedures unless it appears that the incapacitated person would have consented to the withholding of these procedures and the power to consent is expressly set forth in the order of appointment or after subsequent hearing and order of the court;
(4) To consent to the involuntary or voluntary civil commitment of an incapacitated individual who is alleged to be mentally ill and dangerous under any provision or proceeding occurring under Chapter 5 of Title 21 , except that a guardian may function as a petitioner for the commitment consistent with the requirements of Chapter 5 of Title 21 ;
(5) To consent to the waiver of any substantive or procedural right of the incapacitated individual in any proceeding arising from an insanity acquittal;
(6) To prohibit the marriage or divorce, or consent to the termination of parental rights, unless the power is expressly set forth in the order of appointment or after subsequent hearing and order of the court; or
(7) To impose unreasonable confinement or involuntary seclusion, including forced separation from other persons or the restriction of the incapacitated individual’s access to email, phone calls, and mail, unless the power is expressly set forth in the order of appointment or after subsequent hearing and order of the court.
D.C. Code § 21-2221.13 — DC Code / Title 21 / Chapter 22 / § 21-2221.13
§ 21-2221.13. Insurance.
Status: in_force

(a) The execution of a MOST Form shall not alter an insurance policy or annuity contract, unless the insurance policy or contract states otherwise.
(b) Adherence to the medical orders in a MOST form shall not constitute suicide or assisted suicide.
(c) The execution of a MOST form cannot be used as a condition for being insured, receiving health care services, or receiving other employment benefits.
D.C. Code § 21-2602.16 — DC Code / Title 21 / Chapter 26 / § 21-2602.16
§ 21-2602.16. Taxes.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
  (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under 26 U.S.C. [§] 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;
  (2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
  (3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and
  (4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
D.C. Code § 21-2601.05 — DC Code / Title 21 / Chapter 26 / § 21-2601.05
§ 21-2601.05. Execution of power of attorney.
Status: in_force

(a) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(b) A power of attorney executed under this chapter is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment.
D.C. Code § 21-2601.02 — DC Code / Title 21 / Chapter 26 / § 21-2601.02
§ 21-2601.02. Definitions.
Status: in_force

(a) For the purposes of this chapter, the term:
  (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.
  (2) "Durable", with respect to a power of attorney, means not terminated by the principal's incapacity.
  (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
  (4) "Good faith" means honesty in fact.
  (5) "Incapacity" means inability of an individual to manage property or business affairs because the individual:
    (A) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
    (B) Is:
      (i) Missing;
      (ii) Detained, including incarcerated in a penal system; or
      (iii) Outside the United States and unable to return.
  (6) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
  (7) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used.
  (8) "Presently exercisable general power of appointment", with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
  (9) "Principal" means an individual who grants authority to an agent in a power of attorney.
  (10) "Property" means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.
  (11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
  (12) "Sign" means, with present intent to authenticate or adopt a record, to:
    (A) Execute or adopt a tangible symbol; or
    (B) Attach to or logically associate with the record an electronic sound, symbol, or process.
  (13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
  (14) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.
D.C. Code § 21-2003 — DC Code / Title 21 / Chapter 20 / § 21-2003
§ 21-2003. Standard of proof.
Status: in_force

In proceedings under this chapter for the appointment of a guardian or conservator, either general or limited, or subsequent proceedings in which the powers of a guardian or conservator are sought to be enlarged, the petitioner or moving party shall present clear and convincing evidence that the appointment or enlargement of powers is warranted.
D.C. Code § 21-143 — DC Code / Title 21 / Chapter 1 / § 21-143
§ 21-143. Duties; accounts; maintenance and education; sales; compensation.
Status: in_force

A guardian shall manage the estate for the best interests of the ward, and once in each year, or oftener if required, he shall settle an account of his trust under oath. He shall account for all profit and increase of his ward’s estate and the annual value thereof, and shall be allowed credit for taxes, repairs, improvements, expenses, and commissions, and he is not answerable for any loss or decrease sustained without his fault. The court shall determine the amounts to be expended annually in the maintenance and education of the infant, regard being had to his future condition and prospects in life; and if it deems it advantageous to the ward, may allow the guardian to exceed the income of the estate and to make use of the principal and sell it or part thereof, under the court’s order, as provided by this subchapter; but a guardian may not sell any property of his ward without an order of the court previously had therefor. The court shall allow a reasonable compensation for services rendered by the guardian not exceeding a commission of five per centum of the amounts collected, if and when disbursed.
D.C. Code § 21-2602.14 — DC Code / Title 21 / Chapter 26 / § 21-2602.14
§ 21-2602.14. Benefits from governmental programs or civil or military service.
Status: in_force

(a) For the purposes of this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
  (1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 21-2602.13(a)(1) , and for shipment of their household effects;
  (2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
  (3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
  (4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
  (5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
  (6) Receive the financial proceeds of a claim described in paragraph (4) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.
D.C. Code § 21-314 — DC Code / Title 21 / Chapter 3 / § 21-314
§ 21-314. Use of custodial property.
Status: in_force

(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to the following:
  (1) The duty or the ability of the custodian personally or of another person to support the minor; or
  (2) Other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or of the minor, if the minor has reached the age of 14 years, the court may order the custodian to deliver or pay to the minor or to expend for the minor’s benefit as much of the custodial property as the court considers advisable for the use and the benefit of the minor.
(c) A delivery, a payment, or an expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
D.C. Code § 21-587 — DC Code / Title 21 / Chapter 5 / § 21-587
§ 21-587. Veterans’ Administration and military hospital facilities.
Status: in_force

This chapter does not require the admission of a person to a Veterans’ Administration or military hospital facility unless the person is otherwise eligible for care and treatment in the facility.
D.C. Code § 21-592 — DC Code / Title 21 / Chapter 5 / § 21-592
§ 21-592. Return to hospital of an escaped mentally ill person.
Status: in_force

When a person has been ordered confined in a hospital or institution for the mentally ill pursuant to this chapter and has left such hospital or institution without authorization or has failed to return as directed, the court which ordered confinement shall, upon the request of the administrator of such hospital or institution, order the return of such person to such hospital or institution.
D.C. Code § 21-2023 — DC Code / Title 21 / Chapter 20 / § 21-2023
§ 21-2023. Jury trial.
Status: repealed

Repealed.
D.C. Code § 21-2065 — DC Code / Title 21 / Chapter 20 / § 21-2065
§ 21-2065. Accounts.
Status: in_force

(a) Each conservator shall account to the court for administration of the trust upon resignation or removal, at least annually on the anniversary date of appointment, and at other times as the court may direct. On termination of the protected individual’s incapacity, a conservator shall account to the court, to the formerly protected individual, or the successors of that individual. Subject to appeal or vacation within the time permitted, an order after notice and hearing allowing an intermediate account of a conservator adjudicates liabilities concerning the matters considered in connection with the order, and an order, following notice and hearing, allowing a final account adjudicates all previously unsettled liabilities of the conservator to the protected individual or the protected individual’s successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical check of the estate to be made in any manner the court specifies.
(b) Upon appointment, a conservator shall develop an individual conservatorship plan together with the guardian and to the maximum extent possible, the incapacitated individual. The plan shall specify:
  (1) The services that are necessary to manage the financial resources designated by the order of the court;
  (2) The means through which those services will be provided;
  (3) The manner in which the incapacitated individual, guardian, conservator, or any other individual who has been appointed to serve in that capacity will exercise and share their decision-making authority;
  (4) The policies and procedures governing the expenditure of funds; and
  (5) Other items that will assist in the management of the designated financial resources and in fulfilling the needs of the incapacitated individual, the terms of the court’s order, and the duties of the conservator.
(c) The individual conservatorship plan shall be submitted to the court not more than 60 days after the conservator has been appointed, together with a complete inventory of the designated financial resources. The inventory shall include an oath or affirmation that, to the best of the conservator’s knowledge, it is complete and accurate.
(d) A conservator shall submit a report to the court:
  (1) At least annually;
  (2) When the court orders additional reports to be filed;
  (3) When there is a significant change in the capacity of the incapacitated individual to manage his or her financial resources;
  (4) When the conservator resigns or is removed; and
  (5) When the conservatorship is terminated.
(e) The court shall require that a copy of the individual conservatorship plan and a copy of the inventory be sent to:
  (1) The incapacitated individual;
  (2) The attorney of record for each party;
  (3) The individual most closely related to the subject of the intervention proceeding by blood, marriage, or domestic partnership unless that individual’s name or whereabouts is unknown and cannot be reasonably ascertained;
  (4) The individual or facility, if any, having custody of the subject of the intervention proceeding;
  (5) The individual, if any, proposed for appointment by a will as a guardian; and
  (6) The individual, if any, appointed or proposed for appointment as guardian ad litem.
(f) The conservator shall be responsible for sending the required copies delineated in subsection (e) of this section and shall bear the cost of the mailings.
D.C. Code § 21-1903 — DC Code / Title 21 / Chapter 19 / § 21-1903
§ 21-1903. Notice of hearing to absentee and interested parties.
Status: repealed

Repealed.
D.C. Code § 21-522 — DC Code / Title 21 / Chapter 5 / § 21-522
§ 21-522. Examination and admission to hospital; notice.
Status: in_force

(a) Subject to the provisions of § 21-523 , the administrator of a private hospital may, and the administrator of a public hospital or the chief clinical officer of the Department or his designee shall, admit and detain for purposes of emergency observation and diagnosis a person with respect to whom application is made under § 21-521 , if the application is accompanied by a certificate of a psychiatrist, qualified physician, or qualified psychologist on duty at the hospital or the Department stating that he or she:
  (1) Has examined the person;
  (2) Is of the opinion that the person has symptoms of a mental illness and, because of the mental illness, is likely to injure himself or others unless the person is immediately detained; and
  (3) Is of the opinion that hospitalization is the least restrictive form of treatment available to prevent the person from injuring himself or others.
(b) Subject to the provisions of § 21-523 , the chief clinical officer of the Department shall admit and detain, for purposes of emergency observation and diagnosis at a facility certified by the Department for emergency detention, a person with respect to whom application is made under § 21-521 , if the application is accompanied by a certificate of a psychiatrist, qualified physician, or qualified psychologist on duty at the Department stating that he or she:
  (1) Has examined the person;
  (2) Is of the opinion that the person has symptoms of a mental illness and, because of the mental illness, is likely to injure himself or others unless the person is immediately detained;
  (3) Is of the opinion that hospitalization is not the least restrictive form of treatment available to ensure that the person will not injure himself or others; and
  (4) Is of the opinion that detention in a certified facility for observation and diagnosis is the least restrictive treatment alternative to prevent the person from injuring himself or others.
(c) If the psychiatrist, qualified physician, or qualified psychologist determines, after examining the person who has been presented for emergency observation and diagnosis, that the person is not mentally ill, not likely to injure himself or others unless immediately detained, or that hospitalization or detention in a facility certified for emergency observation and diagnosis is not the least restrictive form of treatment, the psychiatrist, qualified physician, or qualified psychologist shall not admit the person to the hospital or facility as an inpatient and shall facilitate the person’s outpatient treatment through the Department or a provider, as appropriate.
(d) Immediately upon the admission of a mentally ill person to a hospital pursuant to this subchapter, the administrator of the hospital shall notify the chief clinical officer of the Department of the admission by telephone, telefax, or electronically. Not later than 24 hours after the admission pursuant to this subchapter, the administrator of the hospital or the chief clinical officer of the Department shall serve notice of the admission to the Commission, the parent or legal guardian of a person under 18 years of age who was admitted pursuant to this subchapter, and, if authorized by the person who was admitted to the hospital or the Department consistent with the provisions of § 7-1201.01 et seq. , to the spouse or domestic partner, parent of an admitted person who is 18 years of age or older, or legal guardian of the person.
D.C. Code § 21-1710 — DC Code / Title 21 / Chapter 17 / § 21-1710
§ 21-1710. Law not retroactive.
Status: in_force

This chapter does not apply to transactions that took place prior to May 14, 1928.
D.C. Code § 21-105 — DC Code / Title 21 / Chapter 1 / § 21-105
§ 21-105. Appointment by deed or will for child inheriting from parent.
Status: in_force

(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.
D.C. Code § 21-2601.01 — DC Code / Title 21 / Chapter 26 / § 21-2601.01
§ 21-2601.01. Short title.
Status: in_force

This chapter may be cited as the "Uniform Power of Attorney Act".
D.C. Code § 21-2201 — DC Code / Title 21 / Chapter 22 / § 21-2201
§ 21-2201. Purpose.
Status: in_force

The purpose of this subchapter is to affirm the right of all competent adults to control decisions relating to their own health care and to have their rights and intentions in health care matters respected and implemented by others if they become incapable of making or communicating decisions for themselves.
D.C. Code § 21-704 — DC Code / Title 21 / Chapter 7 / § 21-704
§ 21-704. Contract for sale by adult in behalf of himself and mentally ill person.
Status: repealed

Repealed.
D.C. Code § 21-2401.03 — DC Code / Title 21 / Chapter 24 / § 21-2401.03
§ 21-2401.03. International application of chapter.
Status: in_force

The Superior Court may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters II, III, and V [of this chapter].
D.C. Code § 21-2602.15 — DC Code / Title 21 / Chapter 26 / § 21-2602.15
§ 21-2602.15. Retirement plans.
Status: in_force

(a) For the purposes of this section, the term "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including the following plans or accounts:
  (1) An individual retirement account under 26 U.S.C. § 408;
  (2) A Roth individual retirement account under 26 U.S.C. § 408A;
  (3) A deemed individual retirement account under 26 U.S.C. § 408(q);
  (4) An annuity or mutual fund custodial account under 26 U.S.C. § 403(b);
  (5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. [§] 401(a);
  (6) A plan under 26 U.S.C. § 457(b); and
  (7) A nonqualified deferred compensation plan under 26 U.S.C. § 409A.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
  (1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
  (2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
  (3) Establish a retirement plan in the principal's name;
  (4) Make contributions to a retirement plan;
  (5) Exercise investment powers available under a retirement plan; and
  (6) Borrow from, sell assets to, or purchase assets from a retirement plan.
D.C. Code § 21-2054 — DC Code / Title 21 / Chapter 20 / § 21-2054
§ 21-2054. Procedure concerning hearing and order on original petition.
Status: in_force

(a) Upon receipt of a petition for appointment of a conservator or other protective order, the court shall set a date for a hearing. Unless the individual to be protected has chosen counsel, the court shall appoint an attorney to represent the individual. Except where the incapacity is alleged to be by disappearance or detention by a foreign power, the court may appoint an appropriately qualified examiner who shall submit a written report to the court. Except where the incapacity is alleged to be by disappearance or detention by a foreign power or someone other than a foreign power, the court may appoint a visitor who shall submit a written report to the court. If an examiner and a visitor are appointed for an individual, the examiner and visitor shall be separate persons.
(b) The court may utilize the services of additional visitors to evaluate the condition of the allegedly incapacitated individual and to make appropriate recommendations to the court.
(c) In the case of an individual whose incapacity is alleged to arise out of an intellectual disability, preference is for the appointment of an examiner and visitor who are qualified developmental disability professionals and who can collectively give a complete social, psychological, and medical evaluation of the individual. When the individual alleged to have an intellectual disability has a current comprehensive evaluation or habilitation plan, the plan shall be presented as evidence to the court. When a plan exists but has not been updated within 6 months prior to the hearing, preference is for an update of the plan as part of the examination conducted by the examiner and visitor.
(d) For other individuals alleged to be incapacitated, any current social, psychological, medical, or other evaluation used for diagnostic purposes or in the development of a current plan of treatment, or any current plan of treatment shall be presented as evidence to the court.
(e) An individual alleged to be incapacitated shall be present at the hearing unless good cause is shown for the absence. The individual shall be represented by counsel and is entitled to present evidence and cross-examine witnesses, including any court-appointed examiner or visitor. The hearing may be closed if the individual alleged to be incapacitated or counsel for the individual so requests.
(f) Any person may apply for permission to participate in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the individual to be protected will be served. The court may attach appropriate conditions to the permission.
(g) After the hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
D.C. Code § 21-304 — DC Code / Title 21 / Chapter 3 / § 21-304
§ 21-304. Transfer by gift or exercise of power of appointment.
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 21-309  .
D.C. Code § 21-904 — DC Code / Title 21 / Chapter 9 / § 21-904
§ 21-904. Admission upon written application; right of release.
Status: in_force

A person in a place specified by section 21-902   may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent of the hospital for a period not exceeding 30 days. If, after admission to Saint Elizabeths Hospital, he expresses a desire for release from the hospital, he shall be released within 72 hours thereafter, unless proceedings for his adjudication as a person with a mental illness have been instituted as provided for by section 21-906  .
D.C. Code § 21-584 — DC Code / Title 21 / Chapter 5 / § 21-584
§ 21-584. Witness fees.
Status: in_force

Witnesses subpoenaed under the provisions of this chapter shall be paid the same fees and mileage as are paid to other witnesses in the court.
D.C. Code § 21-1504 — DC Code / Title 21 / Chapter 15 / § 21-1504
§ 21-1504. Discharge.
Status: repealed

Repealed.
D.C. Code § 21-2091 — DC Code / Title 21 / Chapter 20 / § 21-2091
§ 21-2091. Right to disclaim interest in property.
Status: repealed

Repealed.