D.C. Code § 21-906 — DC Code / Title 21 / Chapter 9 / § 21-906
§ 21-906. Examinations; adjudications; laws applicable; expense of care and treatment.
Status: in_force

(a) The Superintendent of Saint Elizabeths Hospital shall promptly examine a person committed as provided by sections 21-902 and 21-903, and, if not found to have a mental illness, shall forthwith discharge him, or, if found to have a mental illness, shall return him to the State of his residence or to his relatives, if practicable.
(b) Proceedings for the adjudication of a person referred to by subsection (a) of this section, or of a person admitted to the hospital pursuant to section 21-904, as a person with a mental illness, and for the appointment of a committee of his person or property, may be instituted in the Superior Court of the District of Columbia by the Secretary of Health and Human Services or by a party interest. The laws of the District of Columbia apply to the proceedings. This chapter does not impose upon the District of Columbia the expense of care and treatment of a person apprehended, detained, or committed under this chapter, unless the person is a resident of the District of Columbia as defined by subsection (b) of section 21-551.
D.C. Code § 21-313 — DC Code / Title 21 / Chapter 3 / § 21-313
§ 21-313. Powers of custodian.
Status: in_force

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of section 21-312.
D.C. Code § 21-1708 — DC Code / Title 21 / Chapter 17 / § 21-1708
§ 21-1708. Conforming amendment.
Status: in_force

When a fiduciary deposits in a bank to his personal credit checks:
(1) drawn by him upon an account in his own name as fiduciary; or
(2) payable to him as fiduciary; or
(3) drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon; or
(4) payable to his principal and indorsed by him, if he is empowered to indorse such checks —
or if he otherwise deposits funds held by him as fiduciary, the bank has notice of the breach of fiduciary duty if the instrument is deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
D.C. Code § 21-1107 — DC Code / Title 21 / Chapter 11 / § 21-1107
§ 21-1107. Hearing; continuances; character of proofs; jury trial.
Status: repealed

Repealed.
D.C. Code § 21-2506 — DC Code / Title 21 / Chapter 25 / § 21-2506
§ 21-2506. Procedure for disclosing digital assets.
Status: in_force

(a) When disclosing digital assets of a user under this chapter , the custodian may at its sole discretion:
  (1) Grant a fiduciary or designated recipient full access to the user's account;
  (2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
  (3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter .
(c) A custodian may decline to disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian may decline to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the Superior Court to disclose:
  (1) A subset limited by date of the user's digital assets;
  (2) All of the user's digital assets to the fiduciary or designated recipient;
  (3) None of the user's digital assets; or
  (4) All of the user's digital assets to the Superior Court for review in camera.
D.C. Code § 21-2063 — DC Code / Title 21 / Chapter 20 / § 21-2063
§ 21-2063. General duty of conservator.
Status: in_force

A conservator, in relation to powers conferred by this subchapter, or implicit in the title acquired by virtue of the proceeding, shall act as a fiduciary and observe the standards of care applicable to trustees.
D.C. Code § 21-2602.07 — DC Code / Title 21 / Chapter 26 / § 21-2602.07
§ 21-2602.07. Commodities and options.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
  (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
  (2) Establish, continue, modify, and terminate option accounts.
D.C. Code § 21-2601.16 — DC Code / Title 21 / Chapter 26 / § 21-2601.16
§ 21-2601.16. Judicial relief.
Status: in_force

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
  (1) The principal or the agent;
  (2) A guardian, conservator, or other fiduciary acting for the principal;
  (3) A person authorized to make health care decisions for the principal;
  (4) The principal's spouse, parent, or descendant;
  (5) An individual who would qualify as a presumptive heir of the principal;
  (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
  (7) A governmental agency having regulatory authority to protect the welfare of the principal;
  (8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
  (9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
D.C. Code § 21-306 — DC Code / Title 21 / Chapter 3 / § 21-306
§ 21-306. Other transfers by fiduciary.
Status: in_force

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or to a trust company, as custodian, for the benefit of a minor pursuant to section 21-309, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or to a trust company, as custodian, for the benefit of the minor pursuant to section 21-309.
(c) A transfer under subsection (a) or (b) of this section may be made only if the following occur:
  (1) The personal representative, the trustee, or the conservator considers the transfer to be in the best interests of the minor;
  (2) The transfer is not prohibited by or inconsistent with the provisions of the applicable will, trust agreement, or other governing instrument; and
  (3) The transfer is authorized by the court if it exceeds $10,000 in value.
D.C. Code § 21-512 — DC Code / Title 21 / Chapter 5 / § 21-512
§ 21-512. Release of voluntary patients.
Status: in_force

(a) A person accepted for voluntary treatment by a hospital, the Department, or a mental health provider, pursuant to § 21-511 may, at any time, if the person is 18 years of age or over, obtain his or her release from the hospital or other treatment by filing a written request with the chief of service or, in the case of the Department, the chief clinical officer. Within a period of 48 hours after the receipt of the request, the chief of service or the chief clinical officer shall ensure that discharge planning is completed and release the person making the request. A person admitted into treatment pursuant to § 21-511 who is under 18 years of age may, at any time, obtain his or her release from the hospital or other treatment in the same manner, upon the written request of the person’s spouse or domestic partner, parent, or legal guardian. A person under 18 years of age who has sought voluntary outpatient treatment without the consent of a parent or legal guardian may obtain his or her release from that treatment by filing a written request with the chief of service or chief clinical officer.
(b) When the chief of service or chief clinical officer determines that the person voluntarily receiving treatment pursuant to § 21-511 has recovered or that continued treatment of the person is no longer beneficial to the person, or advisable, the chief of service or chief clinical officer may discharge the person from the hospital or from other treatment.
D.C. Code § 21-2043 — DC Code / Title 21 / Chapter 20 / § 21-2043
§ 21-2043. Who may be guardian; priorities.
Status: in_force

(a) Any qualified person may be appointed guardian of an incapacitated individual.
(a-1) (1) Except as provided in paragraph (2) of this subsection, a person will be deemed by the court to have a conflict of interest and may not be appointed as a guardian if the person:
    (A) Provides substantial services other than serving as guardian to the incapacitated individual in a professional or business capacity;
    (B) Is a creditor of the incapacitated individual; or
    (C) Is employed by any person or entity that provides services other than serving as guardian to the incapacitated individual in a professional or business capacity.
  (2) Notwithstanding the provisions of paragraph (1) of this subsection, a person may be appointed as a guardian if:
    (A) The person is the incapacitated individual’s spouse, domestic partner, adult child, parent, adult sibling, or relative with whom the incapacitated individual has resided for more than 6 months prior to the filing of the petition; and
    (B) The court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the best interests of the incapacitated individual; provided, that the court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.
(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated individual’s current stated wishes or his or her most recent nomination in a durable power of attorney.
(c) Except as provided in subsection (b) of this section, the following persons are entitled to consideration for appointment in the order listed:
  (1) The spouse or domestic partner of the incapacitated individual or a person nominated by will of a deceased spouse or domestic partner or by another writing signed by the spouse or domestic partner and attested by at least 2 witnesses;
  (2) An adult child of the incapacitated individual or a person nominated by will of a deceased adult child or by other writing signed by the child and attested by at least 2 witnesses;
  (3) A parent of the incapacitated individual or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least 2 witnesses;
  (3A) An adult sibling of the incapacitated individual or a person nominated by will of a deceased sibling or by other writing signed by an adult sibling and attested by at least 2 witnesses;
  (4) Any relative of the incapacitated individual with whom he or she has resided for more than 6 months prior to the filing of the petition; and
  (5) Any other person.
(d) With respect to persons having equal priority, the court shall select the person it deems best qualified to serve. The court, acting in the best interest of the incapacitated individual, may pass over a person having priority and appoint a person having a lower priority or no priority.
(d-1) (1) The court shall not appoint a guardian until the person to be appointed as a guardian has submitted to the court a statement, signed and sworn by the person to be appointed, stating whether or not he or she has been convicted of, has pleaded nolo contendere to, is on probation before judgment or placement of a case upon a stet docket for, or has been found not guilty by reason of insanity of, any of the following offenses and including the court and date of each such adjudication:
    (A) A lifetime registration offense, as defined in § 22-4001(6) , or its equivalent in any other state or territory, including any attempt or conspiracy to commit such an offense;
    (B) A registration offense, as defined in § 22-4001(8) , or its equivalent in any other state or territory, including any attempt or conspiracy to commit such an offense;
    (C) Any offense set forth in Chapters 8, 8A, 9A, 10, 11, 14, 15, and 32 of Title 22, or its equivalent in any other state or territory, including any attempt or conspiracy to commit such an offense;
    (D) A dangerous crime, as defined § 23-1331(3) , or its equivalent in any other state or territory, including any attempt or conspiracy to commit such an offense; or
    (E) A crime of violence, as defined in § 23-1331(4) , or its equivalent in any other state or territory, including any attempt or conspiracy to commit such an offense.
  (2) In addition to the affirmation under paragraph (1) of this subsection, a guardian shall submit to the court:
    (A) Within 60 days after the guardianship appointment, the results of a criminal-history check from the Metropolitan Police Department (“MPD”), conducted no more than 90 days before the guardianship appointment; and
    (B) Within 180 days after the guardianship appointment, the results of a Federal Bureau of Investigation (“FBI”) fingerprint background check, conducted no more than 90 days before the guardianship appointment.
  (3) The results of all criminal-history checks and FBI fingerprint background checks and all signed, sworn statements, submitted pursuant to paragraphs (1) and (2) of this subsection, shall be made a part of the record of the case.
  (4) Emergency guardians, health-care guardians, and provisional guardians appointed under § 21-2046 are exempt from the requirements of paragraph (2) of this subsection.
  (5) If a guardian serves as a member of the Probate Division’s Fiduciary Panel of Attorneys, the guardian may satisfy the requirements of paragraph (2) of this subsection by submitting to the court the results of a criminal-history check conducted by MPD and a FBI fingerprint background check, each issued no more than 3 years before the guardianship appointment.
(d-2) (1) It is presumed not to be in the best interests of an incapacitated individual to appoint as guardian a person who has been convicted of an offense identified in subsection (d-1)(1) or found, pursuant to an investigation by law enforcement or a government agency, to have inflicted harm upon a child, elderly individual, or person with a disability.
  (2) When determining whether it is in the best interest of the incapacitated individual for a person to be appointed as a guardian who has been convicted or found to have inflicted harm as set forth in paragraph (1) of this subsection, the Court shall consider the following:
    (A) The prior relationship, if any, of the proposed guardian to the incapacitated individual;
    (B) The nature of the offense;
    (C) The date of the offense;
    (D) Evidence of the rehabilitation of the proposed guardian.
(e) A guardian shall limit his or her caseload to a size that allows the guardian:
  (1) To accurately and adequately support and protect each ward;
  (2) To maintain regular and reasonable contact with each ward, including a minimum of one visit per month, unless otherwise specified by the court based on the expressed preferences of the ward or the ward’s best interests; and
  (3) To have regular contact with service providers.
D.C. Code § 21-546 — DC Code / Title 21 / Chapter 5 / § 21-546
§ 21-546. Periodic examinations of committed patients; procedure for examination and detention or release; petition to court.
Status: in_force

(a) A person who has been committed for treatment pursuant to § 21-545 or § 21-545.01 shall be monitored by the chief clinical officer or the chief of service for the facility, hospital, or mental health provider to which the person has been committed. In doing so, the chief or service or chief clinical officer shall:
  (1) Arrange for, at least every 90 days from the date on which the order was issued under § 21-545 or the date on which the renewed period of commitment begins pursuant to an order issued under § 21-545.01 , an examination of the mental health of the committed person by a psychiatrist or qualified psychologist; and
  (2) Promptly consider the reports of the psychiatrists or qualified psychologists conducting the examination, and order the committed person’s immediate release from the commitment if the person is no longer mentally ill to the extent that the person is likely to injure himself or other persons if not committed.
(b) At the conclusion of an examination conducted pursuant to subsection (a)(1) of this section, the psychiatrist or qualified psychologist shall:
  (1) Report his opinion as to whether the committed person is mentally ill and, if mentally ill, whether the committed person is likely to injure himself or others if not committed; and
  (2) Determine whether the committed person is being treated in the least restrictive alternative possible and, if not, identify the least restrictive alternative for the committed person at that time.
(c) (1) Within 180 days from the date on which the order was issued under § 21-545 or the date on which the renewed period of commitment begins pursuant to an order issued under § 21-545.01 , and at the committed person’s own expense, the committed person may have an independent examination conducted by a psychiatrist or qualified psychologist obtained by the committed person. If a committed person who is indigent makes a written request for assistance with an examination under this section, the chief clinical officer shall assist the person in obtaining a psychiatrist or qualified psychologist to conduct the independent examination. A psychiatrist or qualified psychologist so obtained by an indigent person shall be compensated for his services out of any unobligated funds of the Department in an amount determined by the Department to be fair and reasonable.
  (2) A psychiatrist or qualified psychologist who conducts an independent examination of the committed person under this subsection shall submit a report that includes his opinion as to whether the committed person is:
    (A) Mentally ill;
    (B) Likely to injure himself or others as a result of mental illness if not committed; and
    (C) Being treated in the least restrictive alternative possible.
  (3) If the psychiatrist or qualified psychologist who conducted the independent examination determines that the committed person is not being treated in the least restrictive alternative possible, he shall identify the least restrictive treatment appropriate for the committed person at that time.
(d) (1) If the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, after considering the reports of the psychiatrists or qualified psychologists conducting the examination pursuant to subsection (a)(1) of this section, determines that the committed person continues to be mentally ill to the extent that the person is likely to injure himself or other persons if not committed, but one or more of the psychiatrists or qualified psychologists who conducted independent examinations under subsection (c) of this section reports that the committed person is not mentally ill to that extent, the committed person may request a change of status or discharge from the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, and, if denied, may petition the court for an order directing the person’s release.
  (2) If the reports of the psychiatrists or qualified psychologists who have examined the committed person under subsection (a) or subsection (c) of this section identify less restrictive treatment alternatives for the committed person and the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider does not implement the less restrictive form of treatment within 30 days of receipt of the report, the committed person may petition the court for an order directing the person’s release to a less restrictive form of commitment.
  (3) A petition filed with the court under this subsection shall be accompanied by the reports of the psychiatrists or qualified psychologists who conducted the examinations of the committed person, whether on behalf of the Department, hospital, or provider, or on behalf of the committed person.
(e) If the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, after considering the reports of psychiatrists or qualified psychologists conducting an examination pursuant to subsections (a)(1) or (c)(1) of this section, orders the committed person’s release from the commitment pursuant to subsections (a)(2) or (d)(1) of this section, then the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider shall promptly notify the court that ordered the commitment of that fact. If, as a result of a report of the psychiatrists or qualified psychologists conducting an examination pursuant to subsections (a)(1) or (c)(1) of this section, the committed person is moved from an inpatient treatment setting to a less restrictive treatment setting, the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider shall promptly notify the court that ordered the commitment of that fact.
D.C. Code § 21-527 — DC Code / Title 21 / Chapter 5 / § 21-527
§ 21-527. Examination and release of person; notice.
Status: in_force

(a) (1) The chief clinical officer of the Department or the chief of service of a hospital in which a person is hospitalized under a court order entered pursuant to § 21-524 shall, within 48 hours after the order is entered, have the person examined by a psychiatrist or qualified psychologist.
  (2) If the psychiatrist or qualified psychologist, after his examination, certifies that in his opinion the person is not mentally ill to the extent that the person is likely to injure himself or others if not presently detained, the person shall be immediately released.
  (3) After the examination required under paragraph (1) of this subsection has been completed, the chief of service of the hospital:
    (A) Shall immediately notify the chief clinical officer of the Department of the results of the examination by telephone, telefax, or other electronic means;
    (B) Shall immediately send a copy of the results of the examination by mail to the Commission;
    (C) Shall immediately send a copy of the results of the examination by mail to the parent or legal guardian of a person under 18 years of age who was committed; and
    (D) Shall, within 48 hours, send a copy of the results by mail to the spouse or domestic partner, parents, attorney, legal guardian, or nearest known adult relative of the person examined, if authorized by the person who was examined consistent with the provisions of § 7-1201.01 et seq.
(b) (1) The chief clinical officer of the Department or the chief of service of a hospital in which a person is detained under a court order entered pursuant to § 21-524 or under § 21-526(c) shall immediately release the person from the emergency detention in a hospital if, at any time during the detention, a psychiatrist or qualified psychologist at the hospital or the Department certifies that, based on an examination, it is his opinion that the person is no longer mentally ill to the extent that the person is likely to injure himself or others if not presently detained or that the person could be treated in a less restrictive setting.
  (2) After the examination required under paragraph (1) of this subsection has been completed, the chief of service of the hospital:
    (A) Shall immediately notify the chief clinical officer of the Department of the results of the examination by telephone, telefax, or other electronic means;
    (B) Shall immediately send a copy of the results of the examination by mail to the Commission;
    (C) Shall immediately send a copy of the results of the examination by mail to the parent or legal guardian of a person under 18 years of age who was committed; and
    (D) Shall, within 48 hours, send a copy of the results by mail to the spouse or domestic partner, parents, attorney, legal guardian, or nearest known adult relative of the person examined, if authorized by the person who was examined consistent with the provisions of § 7-1201.01 et seq.
D.C. Code § 21-2073 — DC Code / Title 21 / Chapter 20 / § 21-2073
§ 21-2073. Preservation of estate plan; right to examine.
Status: in_force

In investing the estate, selecting assets of the estate for distribution under section 21-2071  , and utilizing powers of revocation or withdrawal available for the support of the protected individual and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected individual known to them, including a will, any revocable trust of which the individual is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected individual with provisions for payment or transfer of benefits or interests at the individual’s death to another. The conservator may examine the will of the protected individual.
D.C. Code § 21-148 — DC Code / Title 21 / Chapter 1 / § 21-148
§ 21-148. Sale or exchange of real estate; proceedings.
Status: in_force

When a guardian or, in case of his refusal to act, a next friend, deems that the interests of the ward will be promoted by a sale of his freehold or leasehold estate in lands, for the purpose of reinvesting the proceeds in other property or securities, or by an exchange of the property for other property, he may file a verified petition in the court, setting forth all the estate of the ward, real and personal, and all the facts which, in his opinion, tend to show whether the ward’s interest will be promoted by the sale or exchange.
D.C. Code § 21-701 — DC Code / Title 21 / Chapter 7 / § 21-701
§ 21-701. Definition.
Status: repealed

Repealed.
D.C. Code § 21-2504 — DC Code / Title 21 / Chapter 25 / § 21-2504
§ 21-2504. User direction for disclosure of digital assets.
Status: in_force

(a) A user may use an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) of this section, or if the custodian has not provided an online tool, the user may allow or prohibit, in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(c) A user's direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
D.C. Code § 21-153 — DC Code / Title 21 / Chapter 1 / § 21-153
§ 21-153. Exchanges; appointment of trustees.
Status: in_force

In decreeing an exchange of an infant’s estate for other property, pursuant to section 21-151  , the court need not require equality or sameness in the quantity or character of the estate or interest, and the court may appoint trustees to execute the deeds necessary to carry the exchange into effect.
D.C. Code § 21-2057 — DC Code / Title 21 / Chapter 20 / § 21-2057
§ 21-2057. Who may be appointed conservator; priorities.
Status: in_force

(a) The court may appoint a person or a corporation with general power to serve as trustee or conservator of the estate of a protected individual. The following are entitled to consideration for appointment in the order listed:
  (1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected individual resides, or a person nominated by the incapacitated individual in a durable power of attorney;
  (2) A person or corporation nominated by the protected individual;
  (3) The spouse of the protected individual;
  (4) An adult child of the protected individual;
  (5) A parent of the protected individual;
  (6) Any relative of the protected individual who has resided with the protected individual for more than 6 months before the filing of the petition; and
  (7) Any other person.
(b) An individual listed in paragraph (1), (3), (4), (5), or (6) of subsection (a) of this section may designate in writing a substitute to serve instead and transfer the priority to the substitute. With respect to persons having equal priority, the court shall select the person it deems best qualified to serve. The court, acting in the best interest of the protected individual, may pass over a person having priority and appoint a person having a lower priority or no priority.
D.C. Code § 21-526 — DC Code / Title 21 / Chapter 5 / § 21-526
§ 21-526. Extension of maximum periods of time.
Status: in_force

(a) If the maximum period of time prescribed by §§ 21-512 , 21-523 , 21-524 , 21-525 , or 21-548 , during which an action or determination may or shall be taken, expires on a Saturday, Sunday, legal holiday, or day on which the Court is closed, the period may be extended to not later than noon of the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which the Court is closed.
(b) If the maximum period of time prescribed by the sections listed in subsection (a) of this section expires between 12:01 a.m. and 12:00 noon on a Monday or the next business day following a legal holiday, the period shall be extended until 12:00 noon of that day, or, when the maximum period of time prescribed by the sections listed in subsection (a) of this section expires on a legal holiday, the period shall be extended until 12:00 noon of the next business day.
(c) The maximum period of time for detention for emergency observation and diagnosis may be extended for up to 21 days, if judicial proceedings under subchapter IV of this chapter have been commenced before the expiration of the order entered under § 21-524 and a psychiatrist or qualified psychologist has examined the person who is the subject of the judicial proceedings and is of the opinion that the person being detained remains mentally ill and is likely to injure himself or others as a result of the illness unless the emergency detention is continued. For good cause shown, the Court may extend the period of detention for emergency observation and diagnosis. The period of detention for emergency observation and diagnosis may be extended pursuant to § 21-543(b) or following a hearing before the Commission pursuant to subsections (d) and (e) of this section.
(d) If the Commission, at the conclusion of its hearing pursuant to § 21-542 , has found that the person with respect to whom the hearing was held is mentally ill and, because of the mental illness, is likely to injure himself or others if not committed, and has concluded that a recommendation of inpatient commitment is the least restrictive alternative available to prevent the person from injuring himself or others, the detention for emergency observation and diagnosis may be continued by the Department or hospital —
  (1) Pending the conclusion of judicial proceedings under subchapter IV of this chapter ;
  (2) Until the Court enters an order discharging the person; or
  (3) Until the Department or hospital determines that continued hospitalization is no longer the least restrictive form of treatment appropriate for the person being detained.
(e) If the Commission, at the conclusion of its hearing, finds that the person is mentally ill, is likely to injure himself or other persons as a result of mental illness if not committed, and that outpatient treatment is the least restrictive form of commitment appropriate, then, within 14 days of the date of the hearing, the person shall be discharged from inpatient status and shall receive outpatient mental health services or mental health supports as an emergency nonvoluntary patient consistent with this subchapter, pending the conclusion of judicial proceedings under subchapter IV of this chapter ; except, that the person may agree to remain in an inpatient status on a voluntary basis until an appropriate discharge plan is implemented if the Department agrees that this is an appropriate accommodation.
(f) (1) If it is determined by the Court that transporting the person who is the subject of detention for emergency observation and diagnosis to the courthouse for a hearing under § 21-525 poses a significant risk to the safety and wellbeing of the person, court personnel, or the public, the Court 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 Court 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 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:
    (A) severe weather conditions that pose a safety risk;
    (B) threats to the security of the individuals transporting the person who is the subject of detention for emergency observation and diagnosis;
    (C) medical conditions of the person that would make transportation unsafe; and
    (D) A declaration of a public health emergency that would make an in-person hearing unsafe.
  (2) If the Court grants a continuance under paragraph (1) of this subsection, the 48-hour time period for holding a hearing under § 21-525 shall be tolled for the duration of the continuance.
D.C. Code § 21-1507 — DC Code / Title 21 / Chapter 15 / § 21-1507
§ 21-1507. Lis pendens.
Status: repealed

Repealed.
D.C. Code § 21-2601.18 — DC Code / Title 21 / Chapter 26 / § 21-2601.18
§ 21-2601.18. Agent's resignation; notice.
Status: in_force

(a) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
  (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or
  (2) If there is no person described in paragraph (1) of this section, to:
    (A) The principal's caregiver;
    (B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
    (C) A governmental agency having authority to protect the welfare of the principal.
D.C. Code § 21-2601.13 — DC Code / Title 21 / Chapter 26 / § 21-2601.13
§ 21-2601.13. Agent's acceptance.
Status: in_force

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
D.C. Code § 21-2002 — DC Code / Title 21 / Chapter 20 / § 21-2002
§ 21-2002. Supplementary general principles of law applicable.
Status: in_force

(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
(b) Nothing in this chapter shall operate to repeal, alter, or amend the rights of an individual who is the subject of a petition for civil commitment in any proceeding under Chapter 5 of Title 21 , or the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978, effective November 8, 1978 ( D.C. Law 2-137 ; D.C. Official Code, § 7-1301.01 et seq.).
(c) Nothing in this chapter shall affect any guardian or conservator appointed by the court upon a petition filed prior to the effective date of this chapter.
(d) An individual shall be presumed competent and to have the capacity to make legal, health-care, and all other decisions for himself or herself, unless certified otherwise under section 21-2204 or deemed incapacitated or incompetent by a court. Incapacity shall not be inferred from the fact that an individual:
  (1) Has been voluntarily or involuntarily hospitalized for mental illness pursuant to Chapter 5 of Title 21 ; or
  (2) Has an intellectual disability or has been determined by a court to be incompetent to refuse commitment under Chapter 13 of Title 7 .
D.C. Code § 21-2046 — DC Code / Title 21 / Chapter 20 / § 21-2046
§ 21-2046. Temporary guardians.
Status: in_force

(a) Temporary guardians are guardians appointed for a finite period of time. Temporary guardians include emergency guardians, health-care guardians, and provisional guardians. All provisions of this chapter apply to temporary guardians unless otherwise specified.
(b) (1) The court, on appropriate petition, may appoint an emergency guardian, whose authority may not extend beyond 21 days, if:
    (A) An incapacitated individual has no guardian;
    (B) A life-threatening situation or situation involving emergency care exists; and
    (C) There is no other person with authority to act who is reasonably available, mentally capable, and willing to act.
  (2) An emergency guardian appointed pursuant to this subsection may exercise those powers granted in the order.
  (3) Immediately upon receipt of the petition, the court shall appoint counsel for the individual alleged to be incapacitated and provide notice to the individual alleged to be incapacitated and to interested persons, pursuant to section 21-2042.
  (4) The individual alleged to be incapacitated, counsel for that individual, or any other interested person may request a hearing at any time within the period of the emergency guardianship. The hearing shall be held no later than 48 hours after the request.
  (5) The court may extend the authority of an emergency guardian appointed pursuant to this subsection to authorize the emergency guardian to serve as a health-care guardian consistent with subsection (c) of this section.
(c) (1) The court, on appropriate petition, may appoint a health-care guardian for the individual alleged to be incapacitated for a specified period of time of up to 90 days if:
    (A) An individual has been determined to be incapacitated under section 21-2204;
    (B) The individual has no guardian; and
    (C) There is no other person with authority to act who is reasonably available, mentally capable, and willing to act.
  (2) The health-care guardian shall have the powers and duties set forth at section 21-2047.02(b).
  (3) An appropriate petition shall include the certification of incapacity made pursuant to section 21-2204. Immediately upon receipt of the petition, counsel shall be appointed for the individual alleged to be incapacitated, and notice provided to the individual alleged to be incapacitated and to interested persons, pursuant to section 21-2042. The hearing shall be held within 7 days of receipt of the petition.
  (4) The court may extend the authority of a health-care guardian for one additional period of up to 90 days:
    (A) Upon determination of continued incapacity and determination of a continued need for the provision of substituted consent for any health-care service, treatment, or procedure pursuant to section 21-2210; or
    (B) If a petition for a permanent limited guardian or general guardian, pursuant to section 21-2041, has been filed with the court prior to the expiration of the appointment of the temporary guardian.
(d) If the court finds that any appointed guardian is not effectively performing duties and that the welfare of the ward requires immediate action, it may appoint a provisional guardian, with notice to interested parties within 14 days after the appointment. The provisional guardian shall have the powers set forth in the previous order of appointment for a specified period not to exceed 6 months. The authority of any permanent guardian previously appointed by the court is suspended as long as a provisional guardian has authority.
D.C. Code § 21-2516 — DC Code / Title 21 / Chapter 25 / § 21-2516
§ 21-2516. Custodian compliance and immunity.
Status: in_force

(a) Not later than 60 days after receipt of the information required under §§ 21-2507 through 21-2514 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the Superior Court for an order directing compliance.
(b) An order under subsection (a) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
(c) Unless a custodian has been notified that a user is deceased, the custodian shall notify the user that a request for disclosure or to terminate an account was made under this chapter .
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
  (1) Specifies that an account belongs to the protected individual or principal;
  (2) Specifies that there is sufficient consent from the protected individual or principal to support the requested disclosure; and
  (3) Contains a finding required by law other than this chapter .
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter .
D.C. Code § 21-2602.06 — DC Code / Title 21 / Chapter 26 / § 21-2602.06
§ 21-2602.06. Stocks and bonds.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
  (1) Buy, sell, and exchange stocks and bonds;
  (2) Establish, continue, modify, or terminate an account with respect to stocks and bonds;
  (3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
  (4) Receive certificates and other evidence of ownership with respect to stocks and bonds; and
  (5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
D.C. Code § 21-1712 — DC Code / Title 21 / Chapter 17 / § 21-1712
§ 21-1712. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Fiduciaries Act”.
D.C. Code § 21-2204 — DC Code / Title 21 / Chapter 22 / § 21-2204
§ 21-2204. Certification of incapacity.
Status: in_force

(a) Mental incapacity to make a health-care decision shall be certified by 2 professionals who are licensed to practice in the District and qualified to make a determination of mental incapacity. One of the 2 certifying professionals shall be a physician and one shall be a qualified psychologist or psychiatrist. At least 1 of the 2 certifying professionals shall examine the individual in question within 1 day preceding certification. Both certifying professionals shall give an opinion regarding the cause and nature of the mental incapacity as well as its extent and probable duration.
(b) All professional findings and opinions forming the basis of certification under subsection (a) of this section shall be expressed in writing, included in the patient-care records of the individual, and provide clear evidence that the person is incapable of understanding the health-care choice, making a decision concerning the particular treatment or services in question, or communicating a decision even if capable of making it.
(c) Certification of incapacity under this section shall be limited in its effect to the capacity to make health-care decisions and shall not be construed as a finding of incompetency for any other purpose.
D.C. Code § 21-106 — DC Code / Title 21 / Chapter 1 / § 21-106
§ 21-106. Guardian of estate.
Status: in_force

(a) Subject to sections 21-101 to 21-104, when land descends or is devised to an infant under 18 years of age, or the infant is entitled to a distributive share of the personal estate of an intestate or to a legacy or bequest under a last will, or acquires real or personal property by gift or purchase, the Probate Court may appoint a guardian of the infant’s estate; and if there is a guardian of the person of the infant the guardian of the estate so appointed may be the same or a different person.
(b) The appointment may be made at any time after the probate of the will or the grant of administration when the infant is entitled as a devisee, legatee, or next of kin.
(c) Only trust companies may act as guardian of the estate of more than five infants at one time, unless the infants are entitled to shares of the same estate.
D.C. Code § 21-2602.03 — DC Code / Title 21 / Chapter 26 / § 21-2602.03
§ 21-2602.03. Construction of authority generally.
Status: in_force

(a) Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 21-2602.04 through 21-2602.17 or that grants to an agent authority to do all acts that a principal could do pursuant to § 21-2602.01(c) , a principal authorizes the agent, with respect to that subject, to:
  (1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
  (2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
  (3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
  (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
  (5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
  (6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
  (7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
  (8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
  (9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
  (10) Do any lawful act with respect to the subject and all property related to the subject.
D.C. Code § 21-321 — DC Code / Title 21 / Chapter 3 / § 21-321
§ 21-321. Applicability.
Status: in_force

The District of Columbia Uniform Transfers to Minors Act applies to a transfer within the scope of section 21-302   made after the act’s effective date if the following occurs:
(1) The transfer purports to have been made under District of Columbia Uniform Gifts to Minors Act; or
(2) The instruments by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “custodian under the Uniform Transfers to Minors Act” of any other state, and the application of the District of Columbia Uniform Transfers to Minors Act is necessary to validate the transfer.
D.C. Code § 21-2604.02 — DC Code / Title 21 / Chapter 26 / § 21-2604.02
§ 21-2604.02. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq. ) ("Act"), but shall not be construed to modify, limit, or supersede section 101(c) of the Act, or authorize electronic delivery of any of the notices described in section 103(b) of the Act.
D.C. Code § 21-582 — DC Code / Title 21 / Chapter 5 / § 21-582
§ 21-582. Petitions, applications, or certificates of physicians, qualified psychologists, and qualified nurse practitioners.
Status: in_force

(a) (1) A petition, application, or certificate authorized under §§ 21-521 , 21-541(a) , 21-545.01 , or 21-548 may not be considered if made by a psychiatrist, physician, qualified psychologist, or qualified nurse practitioner who is related by blood, marriage, or domestic partnership to the person about whom the petition, application, or certificate is made.
  (2) A petition, application, or certificate authorized under §§ 21-521 , 21-523 , 21-541(a) , 21-545.01 , or 21-548 may be considered if made by a psychiatrist, physician, qualified psychologist, or qualified nurse practitioner employed or contracted by the hospital in which the person is to be detained and the psychiatrist, physician, qualified psychologist, or qualified nurse practitioner may admit the person to the hospital if they certify in writing that their financial arrangement with the hospital is not based on the volume of inpatient referrals or admissions.
(b) A petition, application, or certificate of a physician, qualified psychologist, or qualified nurse practitioner may not be considered unless it is based on the personal observation and examination of the person made by the physician, qualified psychologist, or qualified nurse practitioner not more than 72 hours prior to the making of the petition, application, or certificate. The certificate shall set forth in detail the facts and reasons on which the physician, qualified psychologist, or qualified nurse practitioner based their opinions and conclusions.
D.C. Code § 21-1908 — DC Code / Title 21 / Chapter 19 / § 21-1908
§ 21-1908. Procedure where absentee left only debts due him; appointment of receiver.
Status: repealed

Repealed.
D.C. Code § 21-2042 — DC Code / Title 21 / Chapter 20 / § 21-2042
§ 21-2042. Notice; guardianship proceeding.
Status: in_force

(a) In a proceeding for the appointment of a guardian of an incapacitated individual, notice of a hearing shall be given to each of the following:
  (1) The individual alleged to be incapacitated and his or her spouse or, if none, adult children, or, if none, parents;
  (2) Any person who is serving as guardian or conservator, or who has the care and custody of the individual alleged to be incapacitated;
  (3) In case no other individual is notified under paragraph (1) of this subsection, at least 1 of the nearest adult relatives, if any can be found; and
  (4) Any other person as directed by the court.
(b) Notice of a hearing on a petition for an order subsequent to appointment of a guardian shall be given to the ward, the guardian, and any other person ordered by the court.
(c) Notice shall be served personally on the alleged incapacitated individual. Notice to other individuals as required by subsection (a) of this section shall be served personally if the individual to be notified can be found within the District. In all other cases, required notices shall be given as provided in section 21-2031.
(d) The individual alleged to be incapacitated may not waive notice.
D.C. Code § 21-145 — DC Code / Title 21 / Chapter 1 / § 21-145
§ 21-145. Property subject to executory contract.
Status: in_force

When an infant is:
(1) entitled to real or personal estate in the District of Columbia bound by executory contract entered into by the person from whom the infant derived title; or
(2) claims a right or interest in property under such a contract—
the court may decree the execution of the contract or enter a just and proper decree, as if the parties were of full age.
D.C. Code § 21-2517 — DC Code / Title 21 / Chapter 25 / § 21-2517
§ 21-2517. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 21-514 — DC Code / Title 21 / Chapter 5 / § 21-514
§ 21-514. Release of patients hospitalized under section 21-513.
Status: in_force

Unless proceedings for hospitalization under court order have been initiated under subchapter IV of this chapter , a hospital, upon the written request of a patient hospitalized pursuant to § 21-513 , shall immediately release him.
D.C. Code § 21-1501 — DC Code / Title 21 / Chapter 15 / § 21-1501
§ 21-1501. Appointment of conservators.
Status: repealed

Repealed.
D.C. Code § 21-151 — DC Code / Title 21 / Chapter 1 / § 21-151
§ 21-151. Decree of sale; costs.
Status: in_force

When, in a proceeding brought pursuant to section 21-148  , the court is satisfied from the evidence that the interests of the infant require a sale or exchange, as prayed, and the rights of others will not be violated thereby, the sale or exchange may be decreed, and the costs of the suit shall be paid out of the infant’s estate; otherwise they shall be paid by the complainant.
D.C. Code § 21-2514 — DC Code / Title 21 / Chapter 25 / § 21-2514
§ 21-2514. Disclosure of digital assets to conservator of protected individual.
Status: in_force

(a) After an opportunity for a hearing under § 21-2054 , the Superior Court may grant a conservator access to the digital assets of a protected individual.
(b) Unless otherwise ordered by the Superior Court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected individual and any digital assets, other than the content of electronic communications, in which the protected individual has a right or interest if the conservator gives the custodian:
  (1) A written request for disclosure in physical or electronic form;
  (2) A certified copy of the court order that gives the conservator authority over the digital assets of the protected individual; and
  (3) If requested by the custodian:
    (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected individual; or
    (B) Evidence linking the account to the protected individual.
(c) A conservator with general authority to manage the assets of a protected individual may request a custodian of the digital assets of the protected individual to suspend or terminate an account of the protected individual for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected individual's property.
D.C. Code § 21-119 — DC Code / Title 21 / Chapter 1 / § 21-119
§ 21-119. Allowances made before bond given.
Status: in_force

An allowance made to a guardian for the clothing, support, maintenance, education or other expenses incurred for the ward or his estate, before the guardian gives bond or is appointed, has the same effect in law as if made subsequently to the appointment of the guardian and his giving bond.
D.C. Code § 21-2032 — DC Code / Title 21 / Chapter 20 / § 21-2032
§ 21-2032. Notice; waiver.
Status: in_force

A person, including a guardian, guardian ad litem, conservator, or other fiduciary, may waive notice by a signed writing. An individual for whom a guardianship or other protective order is sought, a ward, or a protected individual may not waive notice.
D.C. Code § 21-1117 — DC Code / Title 21 / Chapter 11 / § 21-1117
§ 21-1117. Separate docket of cases brought under section 21-1103; reports of commissions.
Status: repealed

Repealed.
D.C. Code § 21-2047.02 — DC Code / Title 21 / Chapter 20 / § 21-2047.02
§ 21-2047.02. Powers and duties of emergency and health-care guardians.
Status: in_force

(a) Except as limited by sections 21-2046 and 21-2047.01, an emergency guardian or health-care guardian is responsible for providing substituted consent for an incapacitated individual and for any other duties authorized by the court, but is not personally liable to third persons by reason of that responsibility or acts of the incapacitated individual.
(b) An emergency or health-care guardian shall:
  (1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of his or her capacities, limitations, needs, opportunities, and physical and mental health;
  (2) Make decisions on behalf of the ward by conforming as closely as possible to a standard of substituted judgment or, if the ward’s wishes are unknown and remain unknown after reasonable efforts to discern them, make the decision on the basis of the ward’s best interests;
  (3) Include the ward in the decision-making process to the maximum extent of the ward’s ability.
  (4) Encourage the individual to act on his or her own behalf whenever he or she is able to do so, and to develop or regain capacity to make decisions in those areas in which he or she is in need of decision-making assistance, to the maximum extent possible; and
  (5) Make any report the court requires.
(c) An emergency or health-care guardian may:
  (1) Grant, refuse, or withdraw consent to medical examination and health-care treatment for an individual who has been deemed incapacitated pursuant to section 21-2204;
  (2) Obtain medical records for the purpose of providing substituted consent pursuant to section 21-2210; and
  (3) Have the status of a legal representative under Chapter 12 of Title 7 .
D.C. Code § 21-1104 — DC Code / Title 21 / Chapter 11 / § 21-1104
§ 21-1104. Summons; contents; answer not required; return day; service.
Status: repealed

Repealed.
D.C. Code § 21-2404.02 — DC Code / Title 21 / Chapter 24 / § 21-2404.02
§ 21-2404.02. Registration of protective orders.
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in the District of Columbia, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in the District by filing as a foreign judgment in the Superior Court certified copies of the order and letters of office and of any bond.
D.C. Code § 21-591 — DC Code / Title 21 / Chapter 5 / § 21-591
§ 21-591. Offenses and penalties.
Status: in_force

Whoever:
(1) without probable cause for believing a person to be mentally ill:
  (A) causes or conspires with or assists another person to cause the hospitalization, under this chapter, of the person first referred to; or
  (B) executes a petition, application, or certificate pursuant to this chapter, by which he secures or attempts to secure the apprehension, hospitalization, detention, or restraint of the person first referred to;
(2) causes or conspires with or assists another person to cause the denial to a person of a right accorded to him by this chapter; or
(3) being a physician, psychiatrist , qualified psychologist, or qualified nurse practitioner, knowingly makes a false certificate or application pursuant to this chapter as to the mental condition of a person —
shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than three years, or both.
D.C. Code § 21-2508 — DC Code / Title 21 / Chapter 25 / § 21-2508
§ 21-2508. Disclosure of other digital assets of deceased user.
Status: in_force

(a) Unless the user prohibited disclosure of digital assets or the Superior Court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
  (1) A written request for disclosure in physical or electronic form;
  (2) A certified copy of the death certificate of the user;
  (3) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; 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 user's account;
    (B) Evidence linking the account to the user;
    (C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
    (D) A finding by the Superior Court that:
      (i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
      (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
D.C. Code § 21-1110 — DC Code / Title 21 / Chapter 11 / § 21-1110
§ 21-1110. Liability of estate of public patient for maintenance.
Status: repealed

Repealed.
D.C. Code § 21-2601.14 — DC Code / Title 21 / Chapter 26 / § 21-2601.14
§ 21-2601.14. Agent's duties.
Status: in_force

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
  (1) Act in accordance with the principal's reasonable expectation to the extent actually known by the agent and, otherwise, in the principal's best interest;
  (2) Act in good faith; and
  (3) Act only within the scope of authority granted in the power of attorney.
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
  (1) Act loyally for the principal's benefit;
  (2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
  (3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;
  (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
  (5) Cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and
  (6) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:
    (A) The value and nature of the principal's property;
    (B) The principal's foreseeable obligations and need for maintenance;
    (C) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
    (D) Eligibility for a benefit, a program, or assistance under a statute or regulation.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.
(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.
(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days, the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
D.C. Code § 21-1911 — DC Code / Title 21 / Chapter 19 / § 21-1911
§ 21-1911. Receiver may adjust claims of or against estate.
Status: repealed

Repealed.
D.C. Code § 21-1502 — DC Code / Title 21 / Chapter 15 / § 21-1502
§ 21-1502. Filing of petition; requirements; time and place of hearings; appointment of guardian ad litem.
Status: repealed

Repealed.
D.C. Code § 21-156 — DC Code / Title 21 / Chapter 1 / § 21-156
§ 21-156. Lease of infant’s estate.
Status: in_force

Where it appears to the court that it will be to the advantage of the infant that his real estate be demised, the court shall decree that it be demised for a term of years not to exceed the minority of the infant, yielding such rents and on such terms and conditions as the court directs. Where the infant is entitled to only a part of the estate, the decree demising the estate shall be made only if all the owners of the other interest assent.
D.C. Code § 21-2221.01 — DC Code / Title 21 / Chapter 22 / § 21-2221.01
§ 21-2221.01. Definitions.
Status: in_force

For the purposes of this subchapter , the term:
(a) (1) "Advanced life support" means endotracheal intubation, defibrillation, or administration of cardiopulmonary resuscitation medications.
  (2) "Advanced practice nurse" means a licensed registered nurse engaged in the practice of advanced practice registered nursing, as defined in § 3-1201.02(2) [].
  (3) "Authorized representative" means a person who is authorized to make a health-care decision on behalf of an incapacitated individual or minor in accordance with § 21-2205 and § 21-2210 .
  (4) "Authorized health care professional" means a licensed physician or advanced practice nurse who has responsibility for the medical care of a patient.
  (5) "Cardiopulmonary resuscitation" means chest compression or artificial ventilation.
  (6) "DOH" means the Department of Health.
  (7) "Emergency medical service" or "EMS" means a medical service provided in response to a person's need for immediate medical care and is intended to prevent loss of life, the aggravation of a physiological illness or injury, or the aggravation of a psychological illness. The term "emergency medical service" or "EMS" includes any service recognized in the District as first response, basic life support, advanced life support, specialized life support, patient transportation, medical control, or rescue.
  (8) "EMS agency" means a government department or agency, person, firm, corporation, or organization authorized to provide emergency medical service.
  (9) "EMS personnel" means an emergency medical responder, emergency medical technician, emergency medical technician/intermediate, advanced emergency medical technician, or paramedic who is certified to provide emergency medical services in the District.
  (10) "Health care institution" means a hospital, maternity center, nursing home, community residence facility, group home for persons with intellectual disabilities, hospice, home care agency, ambulatory surgical facility, or renal dialysis facility, as those terms are defined in § 44-501, or an acute care hospital, skilled nursing facility, or long term care facility.
  (11) "Health care professional" means a person who has graduated from an accredited program for physicians, registered nurses, advanced practice nurses, physician assistants, clinical social workers, clinical psychologists, or professional counselors, and is licensed to practice in the District.
  (12) "Incapacitated individual" shall have the same meaning as provided in § 21-2202(5) .
  (13) "Minor" means a person who is less than 18 years of age.
  (14) "Medical Orders for Scope of Treatment Form" or "MOST Form" means a set of portable, medical orders on a form issued by DOH that results from a patient's or a patient's authorized representative's informed decision-making with a health care professional.
  (15) "Patient" means a person who has been determined by an authorized health care professional to be approaching the end stage of a serious, life-limiting illness or frailty such that the person's life expectancy is 12 months or less.
  (16) "Resuscitate" means the administration of cardiopulmonary resuscitation or advanced life support.
D.C. Code § 21-2601.23 — DC Code / Title 21 / Chapter 26 / § 21-2601.23
§ 21-2601.23. Remedies under other law.
Status: in_force

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under District law other than this chapter.
D.C. Code § 21-2004 — DC Code / Title 21 / Chapter 20 / § 21-2004
§ 21-2004. Effect of a finding of incapacity.
Status: in_force

A finding under this chapter that an individual is incapacitated shall not constitute a finding of legal incompetence. An individual found to be incapacitated shall retain all legal rights and abilities other than those expressly limited or curtailed in the order of appointment of a guardian or in a protective proceeding, or subsequent order of the court.
D.C. Code § 21-2097 — DC Code / Title 21 / Chapter 20 / § 21-2097
§ 21-2097. Application.
Status: repealed

Repealed.
D.C. Code § 21-503 — DC Code / Title 21 / Chapter 5 / § 21-503
§ 21-503. Examinations and hearings; subpoenas; witnesses; place.
Status: in_force

(a) The Commission shall examine alleged mentally ill persons, inquire into their affairs and the affairs of persons who may be legally liable for their support, and make reports and recommendations to the court.
(b) Except as otherwise provided by this chapter, the Commission may conduct its examinations and hearings either at the courthouse or elsewhere at its discretion. The court may issue subpoenas at the request of the Commission returnable before the Commission, for the appearance of the alleged mentally ill person, witnesses, and persons who may be liable for his support. Commission members who are psychiatrists or qualified psychologists, are competent and compellable witnesses at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician- or psychologist-patient privilege is not applicable.
D.C. Code § 21-2601.22 — DC Code / Title 21 / Chapter 26 / § 21-2601.22
§ 21-2601.22. Laws applicable to financial institutions and entities.
Status: in_force

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
D.C. Code § 21-2515 — DC Code / Title 21 / Chapter 25 / § 21-2515
§ 21-2515. Fiduciary duty and authority.
Status: in_force

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
  (1) The duty of care;
  (2) The duty of loyalty; and
  (3) The duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
  (1) Except as otherwise provided in § 21-2504 , is subject to the applicable terms of service;
  (2) Is subject to other applicable law, including copyright law;
  (3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
  (4) Shall not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, protected individual, principal, or settlor may access any digital asset in which the decedent, protected individual, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected individual, principal, or settlor for the purpose of, applicable federal or District computer-fraud and unauthorized-computer-access laws.
(e) A fiduciary with authority over the tangible, personal property of a decedent, protected individual, principal, or settlor:
  (1) May access the property and any digital asset stored in it; and
  (2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
  (1) If the user is deceased, a certified copy of the death certificate of the user;
  (2) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and
  (3) If requested by the custodian:
    (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
    (B) Evidence linking the account to the user; or
    (C) A finding by the Superior Court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph.
D.C. Code § 21-2602.08 — DC Code / Title 21 / Chapter 26 / § 21-2602.08
§ 21-2602.08. Banks and other financial institutions.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
  (1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
  (2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
  (3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
  (4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
  (5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
  (6) Enter a safe deposit box or vault and withdraw or add to the contents;
  (7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
  (8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal of the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
  (9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
  (10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
  (11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
D.C. Code § 21-2034 — DC Code / Title 21 / Chapter 20 / § 21-2034
§ 21-2034. Request for notice; interested person.
Status: in_force

Upon payment of any required fee, an interested person who desires to be notified before any order is made in any proceeding under this chapter may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the guardian and to the conservator if either has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to proceedings occurring after the filing. Any governmental agency paying or planning to pay benefits to the individual to be protected is an interested person in protective proceedings.
D.C. Code § 21-2601.03 — DC Code / Title 21 / Chapter 26 / § 21-2601.03
§ 21-2601.03. Applicability.
Status: in_force

(a) This chapter applies to all powers of attorney except:
  (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
  (2) A power to make health-care decisions;
  (3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity;
  (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
  (5) A power created pursuant to § 21-110 ; and
  (6) A custodial power of attorney under § 21-2301 .
D.C. Code § 21-2022 — DC Code / Title 21 / Chapter 20 / § 21-2022
§ 21-2022. Practice in court.
Status: in_force

Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of the court, including the rules concerning vacation of orders and appellate review, govern proceedings under this chapter.
D.C. Code § 21-588 — DC Code / Title 21 / Chapter 5 / § 21-588
§ 21-588. Forms.
Status: in_force

All applications and certificates for the hospitalization of a person in the District of Columbia under this chapter shall be made on forms approved by the Commission on Mental Health and furnished by it.
D.C. Code § 21-1721 — DC Code / Title 21 / Chapter 17 / § 21-1721
§ 21-1721. Investment of trust assets.
Status: repealed

Repealed.
D.C. Code § 21-2402.09 — DC Code / Title 21 / Chapter 24 / § 21-2402.09
§ 21-2402.09. Proceedings in more than one state.
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the District of Columbia under § 21-2402.04(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the District and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the Superior Court has jurisdiction under § 21-2402.03 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 21-2402.03 before the appointment or issuance of the order.
(2) If the Superior Court does not have jurisdiction under § 21-2402.03 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Superior Court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Superior Court shall dismiss the petition unless the court in the other state determines that the Superior Court is a more appropriate forum.
D.C. Code § 21-1909 — DC Code / Title 21 / Chapter 19 / § 21-1909
§ 21-1909. Care, custody, sale of property.
Status: repealed

Repealed.
D.C. Code § 21-2402.07 — DC Code / Title 21 / Chapter 24 / § 21-2402.07
§ 21-2402.07. Jurisdiction declined by reason of conduct.
Status: in_force

(a) If at any time the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
  (1) Decline to exercise jurisdiction;
  (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
  (3) Continue to exercise jurisdiction after considering:
    (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
    (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 21-2402.06(c) ; and
    (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 21-2402.03 .
(b) If the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against the District of Columbia or a governmental subdivision, agency, or instrumentality of the District unless authorized by law other than this chapter.
D.C. Code § 21-1113 — DC Code / Title 21 / Chapter 11 / § 21-1113
§ 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.
Status: repealed

Repealed.
D.C. Code § 21-2601.09 — DC Code / Title 21 / Chapter 26 / § 21-2601.09
§ 21-2601.09. When power of attorney effective.
Status: in_force

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
  (1) A physician that the principal is incapacitated within the meaning of § 21-2601.02(5)(A) ; or
  (2) An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 21-2601.02(5)(B) .
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to sections 1171 through 1179 of the Social Security Act, approved August 21, 1996 (110 Stat. 2021; 42 U.S.C. § 1320d et seq. ), and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.
D.C. Code § 21-702 — DC Code / Title 21 / Chapter 7 / § 21-702
§ 21-702. Property subject to liens.
Status: repealed

Repealed.
D.C. Code § 21-1907 — DC Code / Title 21 / Chapter 19 / § 21-1907
§ 21-1907. Possession, by receiver, of additional property; collection of debts.
Status: repealed

Repealed.
D.C. Code § 21-2602.04 — DC Code / Title 21 / Chapter 26 / § 21-2602.04
§ 21-2602.04. Real property.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
  (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
  (2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
  (3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
  (4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
  (5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
    (A) Insuring against liability or casualty or other loss;
    (B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
    (C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
    (D) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
  (6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
  (7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
    (A) Selling or otherwise disposing of them;
    (B) Exercising or selling an option, right of conversion, or similar right with respect to them; and
    (C) Exercising any voting rights in person or by proxy;
  (8) Change the form of title of an interest in or right incident to real property; and
  (9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
D.C. Code § 21-565 — DC Code / Title 21 / Chapter 5 / § 21-565
§ 21-565. Statement of release and adjudication procedures and of other rights.
Status: in_force

Upon the admission of a person to a hospital under a provision of this chapter, the administrator shall deliver to him, and to his spouse, domestic partner, parents, or other nearest known adult relative, a written statement outlining in simple, nontechnical language all release procedures provided by this chapter, setting out all rights accorded to patients by this chapter, and describing procedures provided by law for adjudication of incompetency and appointment of trustees or committees for the hospitalized person.
D.C. Code § 21-2052 — DC Code / Title 21 / Chapter 20 / § 21-2052
§ 21-2052. Original petition for appointment or protective order.
Status: in_force

(a) The individual to be protected or any person who is interested in the estate, affairs, or welfare of the individual may petition for the appointment of a conservator or for any other appropriate protective order.
(b) The petition must set forth, to the extent known:
  (1) The name, address, and interest of the petitioner;
  (2) The name, age, residence, and address of the individual to be protected;
  (3) The name and address of the guardian, if any;
  (4) The name and address of the nearest relative known to the petitioner;
  (5) A general statement of the individual’s property with an estimate of the value of that property, including any compensation, insurance, pension, or allowance to which the individual is entitled; and
  (6) The reason why appointment of a conservator or other protective order is necessary, stated with sufficient particularity as to enable the court to determine what class of examiner and visitor should examine the individual alleged to be incapacitated. If the appointment of a conservator is requested, the petition shall also set forth the name and address of the person whose appointment is sought and the basis of any claim to priority for appointment.
D.C. Code § 21-2601.15 — DC Code / Title 21 / Chapter 26 / § 21-2601.15
§ 21-2601.15. Exoneration of agent.
Status: in_force

(a) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
  (1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
  (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
D.C. Code § 21-543 — DC Code / Title 21 / Chapter 5 / § 21-543
§ 21-543. Representation by counsel; compensation; recess.
Status: in_force

(a) The person alleged to be mentally ill and, because of the mental illness, likely to injure himself or others shall be represented by counsel in any proceeding before the Commission or the court, and if he fails or refuses to obtain counsel, the court shall appoint counsel to represent him. The counsel so appointed shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. The compensation shall be charged against the estate of the individual for whom the counsel was appointed, or against any unobligated funds of the Commission, as the court in its discretion directs. The Commission or the court, as the case may be, shall, at the request of the counsel so appointed, grant a recess in the proceeding to give the counsel an opportunity to prepare his case.
(b) The Commission may not grant a continuance for counsel to prepare his case for more than 5 days. The Commission may grant continuances for good cause shown for periods of up to 14 days. If the Commission grants a continuance, the emergency observation and detention of the person about whom the hearing is being held shall be extended for the duration of the continuance.
D.C. Code § 21-2208 — DC Code / Title 21 / Chapter 22 / § 21-2208
§ 21-2208. Revocation.
Status: in_force

(a) At any time that the principal has the capacity to create a durable power of attorney for health care, the principal may:
  (1) Revoke the appointment of the attorney in fact under a durable power of attorney for health care by notifying the attorney in fact orally or in writing; or
  (2) Revoke the authority to make health-care decisions granted to the attorney in fact under a durable power of attorney for health care by notifying the health-care provider orally or in writing.
(b) If a health-care provider is notified of a revocation pursuant to subsection (a)(2) of this section, the health-care provider shall document this fact in the patient-care records of the principal and make a reasonable effort to notify the attorney in fact of the revocation.
(c) There shall be a rebuttable presumption, affecting the burden of proof, that a principal has the capacity to revoke a durable power of attorney for health care.
(d) Unless it expressly provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health-care decisions only.
(e) Unless a durable power of attorney for health care expressly provides otherwise, and after its execution the marriage or domestic partnership of the principal is dissolved, annulled, or terminated in accordance with § 32-702(d) , or § 16-904(e) , the dissolution, annulment, or termination shall automatically revoke a designation of the former spouse or domestic partner as an attorney in fact to make health-care decisions for the principal. If a designation is revoked solely on account of this subsection, it shall be revived by the remarriage of the principal to the former spouse, or the reentry of the domestic partnership of the principal to the domestic partner, but may be subsequently revoked by an act of the principal.
D.C. Code § 21-2213 — DC Code / Title 21 / Chapter 22 / § 21-2213
§ 21-2213. Construction.
Status: in_force

This subchapter shall be liberally construed and applied to promote its underlying purposes and policies.
D.C. Code § 21-2207 — DC Code / Title 21 / Chapter 22 / § 21-2207
§ 21-2207. Forms for creating a durable power of attorney for health care.
Status: in_force

Any written form meeting the requirements of § 21-2205 may be used to create a durable power of attorney for health care. The following is offered as a sample form only and its inclusion in this section shall not be construed to preclude the use of alternative language:
INFORMATION ABOUT THIS DOCUMENT
“THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, IT IS VITAL FOR YOU TO KNOW AND UNDERSTAND THESE FACTS:
“THIS DOCUMENT GIVES THE PERSON YOU NAME AS YOUR ATTORNEY IN FACT THE POWER TO MAKE HEALTH-CARE DECISIONS FOR YOU IF YOU CANNOT MAKE THE DECISIONS FOR YOURSELF.
“AFTER YOU HAVE SIGNED THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE HEALTH-CARE DECISIONS FOR YOURSELF IF YOU ARE MENTALLY COMPETENT TO DO SO. IN ADDITION, AFTER YOU HAVE SIGNED THIS DOCUMENT, NO TREATMENT MAY BE GIVEN TO YOU OR STOPPED OVER YOUR OBJECTION IF YOU ARE MENTALLY COMPETENT TO MAKE THAT DECISION.
“YOU MAY STATE IN THIS DOCUMENT ANY TYPE OF TREATMENT THAT YOU DO NOT DESIRE AND ANY THAT YOU WANT TO MAKE SURE YOU RECEIVE.
“YOU HAVE THE RIGHT TO TAKE AWAY THE AUTHORITY OF YOUR ATTORNEY IN FACT, UNLESS YOU HAVE BEEN ADJUDICATED INCOMPETENT, BY NOTIFYING YOUR ATTORNEY IN FACT OR HEALTH-CARE PROVIDER EITHER ORALLY OR IN WRITING. SHOULD YOU REVOKE THE AUTHORITY OF YOUR ATTORNEY IN FACT, IT IS ADVISABLE TO REVOKE IN WRITING AND TO PLACE COPIES OF THE REVOCATION WHEREVER THIS DOCUMENT IS LOCATED.
“IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A SOCIAL WORKER, LAWYER, OR OTHER PERSON TO EXPLAIN IT TO YOU.
* * * * *
“YOU SHOULD KEEP A COPY OF THIS DOCUMENT AFTER YOU HAVE SIGNED IT. GIVE A COPY TO THE PERSON YOU NAME AS YOUR ATTORNEY IN FACT. IF YOU ARE IN A HEALTH-CARE FACILITY, A COPY OF THIS DOCUMENT SHOULD BE INCLUDED IN YOUR MEDICAL RECORD.
POWER OF ATTORNEY FOR HEALTH CARE
“I, _________________________, hereby appoint:
_______________
name  home address
_______________
home telephone number
_______________
work telephone number
as my attorney in fact to make health-care decisions for me if I become unable to make my own health-care decisions. This gives my attorney in fact the power to grant, refuse, or withdraw consent on my behalf for any health-care service, treatment or procedure. My attorney in fact also has the authority to talk to health-care personnel, get information and sign forms necessary to carry out these decisions.
“If the person named as my attorney in fact is not available or is unable to act as my attorney in fact, I appoint the following person to serve in the order listed below:
1. _______________
name                     home address
_______________
home telephone number
_______________
work telephone number
2. _______________
name                     home address
_______________
home telephone number
_______________
work telephone number
“With this document, I intend to create a power of attorney for health care, which shall take effect if I become incapable of making my own health-care decisions and shall continue during that incapacity.
“My attorney in fact shall make health-care decisions as I direct below or as I make known to my attorney in fact in some other way.
“(a) STATEMENT OF DIRECTIVES CONCERNING LIFE-PROLONGING CARE, TREATMENT, SERVICES, AND PROCEDURES:
“(b) SPECIAL PROVISIONS AND LIMITATIONS:
“BY MY SIGNATURE I INDICATE THAT I UNDERSTAND THE PURPOSE AND EFFECT OF THIS DOCUMENT.
“I sign my name to this form on
(date)
at:
(address).
(Signature)
WITNESSES
“I declare that the person who signed or acknowledged this document is personally known to me, that the person signed or acknowledged this durable power of attorney for health care in my presence, and that the person appears to be of sound mind and under no duress, fraud, or undue influence. I am not the person appointed as the attorney in fact by this document, nor am I the health-care provider of the principal or an employee of the health-care provider of the principal.
First Witness
Signature:
Home Address:
Print Name:
Date:
Second Witness
Signature:
Home Address:
Print Name:
Date:
(AT LEAST 1 OF THE WITNESSES LISTED ABOVE SHALL ALSO SIGN THE FOLLOWING DECLARATION.)
“I further declare that I am not related to the principal by blood, marriage or adoption, and, to the best of my knowledge, I am not entitled to any part of the estate of the principal under a currently existing will or by operation of law.
Signature: ________________
Signature: ________________.”
D.C. Code § 21-2602.17 — DC Code / Title 21 / Chapter 26 / § 21-2602.17
§ 21-2602.17. Gifts.
Status: in_force

(a) For the purposes of this section, the term "gift for the benefit of a person" includes a gift to a trust, an account under §§ 21-301 to 21-324 , and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
  (1) Make an outright gift for the benefit of a person or a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. [§] 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 U.S.C. § 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
  (2) Consent, pursuant to 26 U.S.C. § 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
  (1) The value and nature of the principal's property;
  (2) The principal's foreseeable obligations and need for maintenance;
  (3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
  (4) Eligibility for a benefit, a program, or assistance under a statute or regulation; and
  (5) The principal's personal history of making or joining in making gifts.
D.C. Code § 21-2402.03 — DC Code / Title 21 / Chapter 24 / § 21-2402.03
§ 21-2402.03. Jurisdiction.
Status: in_force

The Superior Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) The District of Columbia is the respondent’s home state;
(2) On the date the petition is filed, the District of Columbia is a significant-connection state and:
  (A) The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because the District of Columbia is a more appropriate forum; or
  (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Superior Court makes the appointment or issues the order:
    (i) A petition for an appointment or order is not filed in the respondent’s home state;
    (ii) An objection to the Superior Court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
    (iii) The Superior Court concludes that it is an appropriate forum under the factors set forth in § 21-2402.06 ;
(3) The District of Columbia does not have jurisdiction under either paragraph (1) or (2) of this subsection, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because the District is the more appropriate forum, and jurisdiction in the District is consistent with Title 11 and the Constitution of the United States; or
(4) The requirements for special jurisdiction under § 21-2402.04 are met.
D.C. Code § 21-2221.07 — DC Code / Title 21 / Chapter 22 / § 21-2221.07
§ 21-2221.07. Compliance with a MOST Form.
Status: in_force

(a) (1) If an EMS personnel or health care professional encounters a person who is in possession of a MOST Form, the EMS personnel or health care professional shall determine whether the person is the subject of the MOST Form and whether the MOST Form has been revoked.
  (2) If there is uncertainty as to whether the MOST Form has been revoked, the EMS personnel or health care professional shall act as if there were no MOST Form and resuscitate the patient.
(b) If an EMS personnel or health care professional encounters a patient in an emergency medical circumstance with a MOST Form that is unreadable, the EMS personnel or health care professional shall proceed as if there were no MOST Form.
(c) If the EMS personnel does not resuscitate the patient on the basis of applicable treatment instructions on a MOST Form, EMS personnel shall record the do-not-resuscitate response in the run report and report the do-not-resuscitate response to DOH within 5 business days after the incident.
(d) On a biannual basis, DOH shall provide the Mayor with data on do-not-resuscitate responses.
D.C. Code § 21-2056 — DC Code / Title 21 / Chapter 20 / § 21-2056
§ 21-2056. Protective arrangements and single transactions authorized.
Status: in_force

(a) If it is established in a proper proceeding that a basis exists as described in section 21-2051 for affecting the property and business affairs of an individual, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected individual. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust.
(b) If it is established in a proper proceeding that a basis exists as described in section 21-2051 for affecting the property and business affairs of an individual, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected individual’s property and business affairs if the court determines that the transaction is in the best interest of the protected individual.
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected individual and, in view of the incapacity, disappearance, or detention by a foreign power, whether the protected individual needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
D.C. Code § 21-2402.06 — DC Code / Title 21 / Chapter 24 / § 21-2402.06
§ 21-2402.06. Appropriate forum.
Status: in_force

(a) Even if the Superior Court has jurisdiction under § 21-2402.03 to appoint a guardian or issue a protective order, the court may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If the Superior Court declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the Superior Court shall consider all relevant factors, including:
  (1) Any expressed preference of the respondent;
  (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
  (3) The length of time the respondent was physically present in or was a legal resident of this or another state;
  (4) The distance of the respondent from the court in each state;
  (5) The financial circumstances of the respondent’s estate;
  (6) The nature and location of the evidence;
  (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
  (8) The familiarity of the court of each state with the facts and issues in the proceeding; and
  (9) If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.
D.C. Code § 21-2405.02 — DC Code / Title 21 / Chapter 24 / § 21-2405.02
§ 21-2405.02. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001   et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)  ) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)  ).
D.C. Code § 21-590 — DC Code / Title 21 / Chapter 5 / § 21-590
§ 21-590. Discharge as cured; restoration to legal status.
Status: repealed

Repealed.
D.C. Code § 21-545 — DC Code / Title 21 / Chapter 5 / § 21-545
§ 21-545. Hearing and determination by court or jury; order; witnesses; jurors.
Status: in_force

(a) Upon the receipt by the court of a report referred to in § 21-544 , the court shall promptly set the matter for hearing and shall cause a written notice of the time and place of the final hearing to be served upon the person with respect to whom the report was made and his attorney, together with notice that he has five days following the date on which he is so served within which to demand a jury trial or a trial by the Court. The demand may be made by the person or by anyone in his behalf. If a jury trial or a trial by the Court is demanded within the five-day period, it shall be accorded by the court with all reasonable speed. If a timely demand for jury trial or a trial by the Court is not made, the court shall determine the person’s mental condition on the basis of the report of the Commission, or on such further evidence in addition to the report as the court requires.
(b) (1) If the Court or jury finds that the person is not mentally ill or is not likely to injure himself or others as a result of mental illness, the Court shall dismiss the petition and order the person’s release.
  (2) If the Court or jury finds that the person is mentally ill and, because of that mental illness, is likely to injure himself or others if not committed, the Court may order the person’s commitment to the Department or to any other facility, hospital, or mental health provider that the Court believes is the least restrictive alternative consistent with the best interests of the person and the public. An order of commitment issued pursuant to this paragraph shall be for a period of one year.
(c) The psychiatrists and qualified psychologists who are members of the Commission shall be competent and compellable witnesses at a hearing or trial held pursuant to this chapter.
(d) The jury to be used in any case where a jury trial is demanded under this chapter shall be impaneled, upon order of the Court, from the jurors in attendance upon other branches of the Court, who shall perform the services in addition to and as part of their duties in the Court.
D.C. Code § 21-2602.11 — DC Code / Title 21 / Chapter 26 / § 21-2602.11
§ 21-2602.11. Estates, trusts, and other beneficial interests.
Status: in_force

(a) In this section, the term "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
  (1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
  (2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
  (3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
  (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
  (5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
  (6) Conserve, invest, disburse, or use anything received for an authorized purpose; and
  (7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
D.C. Code § 21-2601.10 — DC Code / Title 21 / Chapter 26 / § 21-2601.10
§ 21-2601.10. Termination of power of attorney or agent's authority.
Status: in_force

(a) A power of attorney terminates when:
  (1) The principal dies;
  (2) The principal becomes incapacitated, if the power of attorney is not durable;
  (3) The principal revokes the power of attorney;
  (4) The power of attorney provides that it terminates;
  (5) The purpose of the power of attorney is accomplished; or
  (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent's authority terminates when:
  (1) The principal revokes the authority or revokes the authority relating to real property pursuant to subsection (g) of this section;
  (2) The agent dies, becomes incapacitated, or resigns;
  (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
  (4) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(g) (1) A principal may revoke a power of attorney relating to real property that has been recorded with the Recorder of Deeds by recording an instrument containing the revocation with the Recorder of Deeds.
  (2) A revocation of a power of attorney relating to real property does not affect other powers in the power of attorney if the instrument contains a recitation to this effect.
D.C. Code § 21-545.01 — DC Code / Title 21 / Chapter 5 / § 21-545.01
§ 21-545.01. Renewal of commitment status by Commission; review by court.
Status: in_force

(a) (1) At least 60 days prior to the expiration of an order of commitment issued pursuant to § 21-545 or this section, the chief clinical officer of the Department, or the chief of service of the facility, hospital, or mental health provider to which the person is committed may petition the Commission for a renewal of the order of commitment for that person. For good cause shown, a petition for renewal of commitment may be filed within the last 60 days of the one-year period of commitment. The petition for renewal of commitment shall be supported by a certificate of a psychiatrist or qualified psychologist stating that he has examined the person and is of the opinion that the person is mentally ill, and, because of the illness, is likely to injure himself or other persons if not committed. The term of the renewed commitment order shall not exceed one year.
  (2) In lieu of a certificate from a psychiatrist or qualified psychologist, the petition for renewal of commitment may be supported by a sworn written statement from the petitioner that:
    (A) the petitioner has good reason to believe that the person is mentally ill, and, because of the illness, is likely to injure themselves or others if not recommitted; and
    (B) the person has refused to submit to examination by a psychiatrist or qualified psychologist.
(b) Within 3 days of the filing of a petition under subsection (a) of this section, the Commission shall send a copy of the petition and supporting certificate by mail to the person with respect to whom the petition was filed and by regular mail to the person’s attorney.
(c) The Commission shall promptly examine a person for whom a petition is filed under subsection (a) of this section, and, in accordance with the procedures described in §§ 21-542 and 21-543 , shall thereafter promptly hold a hearing on the issue of the person’s mental illness and whether, as a result of a mental illness, the person is likely to injure himself or other persons if not committed.
(d) If the Commission finds, after a hearing under subsection (c) of this section, that the person with respect to whom the hearing was held is no longer mentally ill, or is not mentally ill to the extent that the person is likely to injure himself or other persons if not committed, the Commission shall immediately order the termination of the commitment and notify the Court of that fact in writing.
(e) If the Commission finds, after a hearing under subsection (c) of this section, that the person with respect to whom the hearing was held remains mentally ill to the extent that the person is likely to injure himself or others if not committed, the Commission shall order the renewal of the commitment of the person for an additional term not to exceed one year and shall promptly report that fact, in writing, to the Court. The report shall contain the Commission’s findings of fact and conclusions of law. A copy of the report shall be served by mail on the person with respect to whom the hearing was held and by mail on the person’s attorney.
(f) If a petition for a renewal of an order of commitment is pending at the expiration of the commitment period ordered under § 21-545 or this section, the Court may, for good cause shown, extend the period of commitment pending resolution of the renewal petition.
(g) Within the last 30 days of the period of commitment, the chief clinical officer of the Department, or the chief of service of the facility, hospital, or mental health provider to which a person is committed, shall notify the Court which ordered the person’s commitment pursuant to § 21-545 or this section of the decision not to seek renewal of commitment. Notice to the Court shall be in writing and a copy of the notice shall be mailed to the person who was committed and the person’s attorney.
(h) (1) A person for whom the Commission orders renewed commitment pursuant to subsection (e) of this section may seek a review of the Commission’s order by the Superior Court of the District of Columbia, and the Commission, orally and in writing, shall advise the person of this right.
  (2) A review of the Commission’s order of renewed commitment, in whole or in part, may be made by a judge of the appropriate division sua sponte and shall be made upon a motion of one of the parties made pursuant to procedures established by rules of the Court. The reviewing judge shall conduct such proceedings as required by the rules of the Court.
  (3) An appeal to the District of Columbia Court of Appeals may be made only after a judge of the Court has reviewed the Commission’s order of renewed commitment.
D.C. Code § 21-114 — DC Code / Title 21 / Chapter 1 / § 21-114
§ 21-114. Bond from parents of child entitled to property.
Status: in_force

When an infant whose father or mother is living becomes entitled to property, the Probate Court may require the father or mother, as guardian, to give bond and security to account for the property, and on his or her failure or refusal so to do may appoint another person guardian, who shall give bond as in other cases.
D.C. Code § 21-2401.02 — DC Code / Title 21 / Chapter 24 / § 21-2401.02
§ 21-2401.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Adult” means an individual who has attained 18 years of age.
(2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under §§ 21-2001 to 21-2077 .
(3) “Guardian” means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under §§ 21-2001 to 21-2077 .
(4) “Guardianship order” means an order appointing a guardian.
(5) “Guardianship proceeding” means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) “Incapacitated person” means an adult for whom a guardian has been appointed.
(7) “Party” means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) “Person,” except in the term “incapacitated person” or “protected person”, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9) “Protected person” means an adult for whom a protective order has been issued.
(10) “Protective order” means an order appointing a conservator or other order related to management of an adult’s property.
(11) “Protective proceeding” means a judicial proceeding in which a protective order is sought or has been issued.
(12) “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.
(13) “Respondent” means an adult for whom a protective order or the appointment of a guardian is sought.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(15) “Superior Court” means the Superior Court of the District of Columbia.
D.C. Code § 21-2064 — DC Code / Title 21 / Chapter 20 / § 21-2064
§ 21-2064. Inventory and records.
Status: in_force

Within 60 days after appointment, each conservator shall prepare and file with the court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy to the protected individual unless disappeared, detained by a foreign power, or held hostage by someone other than a foreign power. A copy also shall be provided to any guardian.
D.C. Code § 21-1913 — DC Code / Title 21 / Chapter 19 / § 21-1913
§ 21-1913. Distribution after fourteen years as if absentee had died intestate.
Status: repealed

Repealed.
D.C. Code § 21-150 — DC Code / Title 21 / Chapter 1 / § 21-150
§ 21-150. Proof.
Status: in_force

Every fact material to determine the propriety of a sale or exchange shall be clearly proved, in a proceeding brought pursuant to section 21-148  , by disinterested witnesses, whose testimony shall be taken in writing in the presence of the guardian ad litem or upon interrogatories agreed upon by him.
D.C. Code § 21-2604.01 — DC Code / Title 21 / Chapter 26 / § 21-2604.01
§ 21-2604.01. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
D.C. Code § 21-2301 — DC Code / Title 21 / Chapter 23 / § 21-2301
§ 21-2301. Custodial power of attorney.
Status: in_force

(a) The parent of a child may create a revocable custodial power of attorney that grants to another person any of the parent’s rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to:
  (1) Enroll the child in school;
  (2) Obtain from the school educational and behavioral information about the child;
  (3) Consent to all school-related matters regarding the child; and
  (4) Consent to medical, psychological, or dental treatment for the child.
(b) The custodial power of attorney may not grant authority to consent to the marriage or adoption of the child.
(c) The custodial power of attorney shall not affect the rights of the parent of the child in any proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child.
D.C. Code § 21-2060 — DC Code / Title 21 / Chapter 20 / § 21-2060
§ 21-2060. Compensation and expenses.
Status: in_force

(a) As approved by order of the court, any case reviewer, visitor, attorney, examiner, conservator, special conservator, guardian ad litem, or guardian is entitled to compensation for services rendered either in a guardianship proceeding, protective proceeding, or in connection with a guardianship or protective arrangement. Any guardian or conservator is entitled to reimbursement for room, board, and clothing personally provided to the ward from the estate of the ward, but only as approved by order of the court. Compensation shall be paid from the estate of the ward or person or, if the estate of the ward or person will be depleted by payouts made under this subsection, from a fund established by the District.
(a-1) The estate of a person or ward shall be presumed to be depleted for purposes of this chapter, and all compensation, expenses, and payouts made under this section shall be paid from a fund established by the District:
  (1) If the person or ward qualifies for federal Supplemental Security Income under Title XVI of the Social Security Act [42 U.S.C. § 1381 et seq.];
  (2) If the person or ward qualifies for Medicaid or Medicaid Expansion Programs as allowed by federal, state, or local requirements,
  (3) If the person or ward qualifies for other means-tested public assistance programs as allowed by federal, state, or local requirements, including, Temporary Assistance for Needy Families, Interim Disability Assistance, Food Stamps, and D.C. Healthcare Alliance;
  (4) If the person or ward qualifies for federal disability benefits, including Old Age, Survivors, and Disability Insurance Benefits under Title II of the Social Security Act [42 U.S.C. § 401 et seq.], Rehabilitation Services Administration Payments, Railroad Retirement Board, or Veterans benefits and such benefits constitute the person or ward’s sole source of income;
  (5) If the person or ward has been found to be unable to pay for habilitation, care, or legal services by any branch of the Superior Court of the District of Columbia; or
  (6) If the circumstances listed in paragraphs (1), (2), (3), (4), and (5) of this subsection do not apply, the person or ward may establish, by affidavit or other proof satisfactory to the court, the inability to pay any costs without substantial financial hardship to himself or herself or his or her family.
(b) There is established within the General Fund of the District of Columbia a separate account to be known as the “Guardianship Fund” (“Fund”) and to be administered by the court. There is authorized to be appropriated funds necessary for the administration of this section.
D.C. Code § 21-2505 — DC Code / Title 21 / Chapter 25 / § 21-2505
§ 21-2505. Terms-of-service agreement.
Status: in_force

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction pursuant to § 21-2504 .
D.C. Code § 21-1901 — DC Code / Title 21 / Chapter 19 / § 21-1901
§ 21-1901. Petition for appointment of receiver, where absentees interested in property; Corporation Counsel as party.
Status: repealed

Repealed.
D.C. Code § 21-2601.20 — DC Code / Title 21 / Chapter 26 / § 21-2601.20
§ 21-2601.20. Liability for refusal to accept acknowledged power of attorney.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section:
  (1) A person shall either accept an acknowledged power of attorney or request a certification, translation, or opinion of counsel under § 21-2601.19(d) no later than 7 business days after presentation of the power of attorney for acceptance;
  (2) If a person requests a certification, translation, or opinion of counsel under § 21-2601.19(d) , the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel under § 21-2601.19(d) ; and
  (3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
  (1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
  (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
  (3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
  (4) A request for certification, translation, or opinion of counsel under § 21-2601.19(d) is refused;
  (5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, translation, or opinion of counsel has been requested or provided under § 21-2601.19(d) ;
  (6) The person makes, or has actual knowledge that another person has made, a report to the Adult Protective Services Division of the Department of Human Services or the Department of Aging and Community Living stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or
  (7) The person has actual knowledge that the agent has been charged with an intrafamily offense committed against the principal or if the agent has had a protection order or neglect petition entered against them at the request of or on behalf of the principal.
(c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
  (1) A court order mandating acceptance of the power of attorney; and
  (2) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
D.C. Code § 21-2602.09 — DC Code / Title 21 / Chapter 26 / § 21-2602.09
§ 21-2602.09. Operation of entity or business.
Status: in_force

(a) Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:
  (1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
  (2) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;
  (3) Enforce the terms of an ownership agreement;
  (4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to, litigation to which the principal is a party because of an ownership interest;
  (5) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;
  (6) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;
  (7) With respect to an entity or business owned solely by the principal:
    (A) Continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;
    (B) Determine:
      (i) The location of its operation;
      (ii) The nature and extent of its business;
      (iii) The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;
      (iv) The amount and types of insurance carried; and
      (v) The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;
    (C) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business;
    (D) Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;
  (8) Put additional capital into an entity or business in which the principal has an interest;
  (9) Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;
  (10) Sell or liquidate all or part of an entity or business;
  (11) Establish the value of an entity or business under a buy-out agreement to which the principal is a party;
  (12) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and
  (13) Pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
D.C. Code § 21-1111 — DC Code / Title 21 / Chapter 11 / § 21-1111
§ 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.
Status: repealed

Repealed.
D.C. Code § 21-2512 — DC Code / Title 21 / Chapter 25 / § 21-2512
§ 21-2512. Disclosure of contents of electronic communications 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 the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust 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 pursuant to § 19-1310.13 that includes consent to disclosure of the content of electronic communications to the trustee;
  (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 § 21-2048 — DC Code / Title 21 / Chapter 20 / § 21-2048
§ 21-2048. Termination of guardianship for incapacitated individual.
Status: in_force

The authority and responsibility of a guardian of an incapacitated individual terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or the removal or resignation of the guardian as provided in section 21-2049  . The termination does not affect a guardian’s liability for prior acts or the obligation to account for funds and assets of the ward.
D.C. Code § 21-141 — DC Code / Title 21 / Chapter 1 / § 21-141
§ 21-141. Possession of property.
Status: in_force

On the execution of his bond, a guardian is entitled to an order of the court directing the real and personal estate of the ward to be delivered into his possession, and all legacies and distributive shares to which the ward is entitled to be paid or delivered to him when they are properly payable or distributable according to law.
D.C. Code § 21-908 — DC Code / Title 21 / Chapter 9 / § 21-908
§ 21-908. Care in a Veterans’ Administration facility.
Status: in_force

(a) If a person adjudicated to be a person with mental illness under this chapter is entitled to care and treatment in a Veterans’ Administration facility, the United States District Court for the District of Columbia may commit him to the custody of the Administrator of Veterans’ Affairs for placement in an available facility, or the Superintendent of Saint Elizabeths Hospital may transfer him to such a facility.
(b) This chapter does not limit, restrict, or deprive the courts of a State or the District of Columbia of jurisdiction to commit to the Veterans’ Administration a person with mental illness entitled to care and treatment by the Veterans’ Administration in accordance with the laws of the State or the District of Columbia.
D.C. Code § 21-2203 — DC Code / Title 21 / Chapter 22 / § 21-2203
§ 21-2203. Presumption of capacity.
Status: in_force

An individual shall be presumed capable of making health-care decisions unless certified otherwise under § 21-2204 . Mental incapacity to make a health-care decision shall not be inferred from the fact that an individual:
(1) Has been voluntarily or involuntarily hospitalized for mental illness pursuant to § 21-501 et seq.;
(2) Has a diagnosis of an intellectual disability or has been determined by a court to be incompetent to refuse commitment under § 7-1301.01 et seq.; or
(3) Has a conservator or guardian appointed pursuant to § 21-1501 et seq. [repealed] or § 21-2001 et seq.
D.C. Code § 21-1711 — DC Code / Title 21 / Chapter 17 / § 21-1711
§ 21-1711. Cases not provided for by chapter.
Status: in_force

In a case not provided for by this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments, and banking, continue to apply.
D.C. Code § 21-318 — DC Code / Title 21 / Chapter 3 / § 21-318
§ 21-318. Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
Status: in_force

(a) A person nominated under section 21-303 or designated under section 21-309 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under section 21-303, then the person who made the nomination may nominate a substitute custodian under section 21-303. Otherwise, the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under section 21-309(a). The custodian so designated has the rights of the successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under section 21-304 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, then the designation of the successor shall not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has reached the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has reached the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this section, an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not reached the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity of the custodian, then the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) The transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the property of the minor, or the minor, if the minor has reached the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than the transferor under section 21-304 or to require the custodian to give appropriate bond.
D.C. Code § 21-2058 — DC Code / Title 21 / Chapter 20 / § 21-2058
§ 21-2058. Bond.
Status: in_force

The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator’s control, plus 1 year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization.
D.C. Code § 21-583 — DC Code / Title 21 / Chapter 5 / § 21-583
§ 21-583. Physicians, psychiatrists, qualified psychologists, and qualified nurse practitioners as witnesses.
Status: in_force

A physician, psychiatrist, qualified psychologist, or qualified nurse practitioner making application or conducting an examination under this chapter is a competent and compellable witness at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician- or psychologist-patient privilege is not applicable.
D.C. Code § 21-561 — DC Code / Title 21 / Chapter 5 / § 21-561
§ 21-561. Mail privileges; censored mail; return to sender; visiting hours.
Status: in_force

(a) A person hospitalized in a public or private hospital pursuant to this chapter , or committed under §§ 21-545 , 21-545.01 , or 21-548 , may exercise the right to communicate with others as set forth in § 7-1231.01 et seq .
(b) Repealed.
(c) This section does not prohibit the administrator of a hospital from making reasonable rules regarding visitation hours.
D.C. Code § 21-2021 — DC Code / Title 21 / Chapter 20 / § 21-2021
§ 21-2021. Territorial application.
Status: in_force

Except as otherwise provided in this chapter, this chapter applies to:
(1) Affairs and estates of a disappeared individual who is domiciled in the District and an individual to be protected who is domiciled in the District;
(2) Property located in the District of a non-domiciliary who is a disappeared individual or an individual to be protected;
(3) Property coming into the control of a guardian or conservator who is subject to the laws of the District; and
(4) An incapacitated individual in the District.
D.C. Code § 21-2221.05 — DC Code / Title 21 / Chapter 22 / § 21-2221.05
§ 21-2221.05. Completion and execution of the MOST Form.
Status: in_force

(a) A patient shall be given the option to complete a MOST Form, but no patient shall be required to complete or execute a MOST Form.
(b) (1) Only an authorized health care professional treating a patient may complete a MOST Form for that patient.
  (2) The authorized health care professional shall complete the MOST Form in accordance with the instructions of the patient or the patient's authorized representative.
(c) (1) Only the following persons may execute a MOST Form:
    (A) Any patient who is 18 years of age or older, on behalf of himself or herself; or
    (B) An authorized representative.
  (2) Execution of a MOST Form shall be evidenced by the patient's or the authorized representative's signature.
(d) The MOST Form shall be reviewed by an authorized health care professional with the patient or with the patient's authorized representative at least once per year and:
  (1) Whenever the patient's condition changes significantly; or
  (2) At the patient's or the patient's authorized representative's request.
(e) (1) If a patient with a MOST Form is transferred from one health care institution to another, the health care institution transferring the patient shall communicate the existence of the MOST Form to the receiving health care institution before the transfer.
  (2) The MOST Form shall accompany the patient to the receiving health care institution and remain in effect.
  (3) Within 72 hours after a patient is transferred, the MOST Form shall be reviewed by an authorized health care professional and the patient, provided that the patient is not incapacitated, or the patient's authorized representative, if present.
D.C. Code § 21-501 — DC Code / Title 21 / Chapter 5 / § 21-501
§ 21-501. Definitions.
Status: in_force

As used in the chapter:
(1) “Administrator” means a person in charge of a public or private hospital or his delegate;
(1A) “Chief clinical officer” means the psychiatrist or qualified psychologist for the Department who is responsible for coordinating the treatment of persons receiving mental health supports or mental health services from the Department;
(2) “Chief of service” means the physician or qualified psychologist charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as the chief of service designates;
(3) “Commission” means the Commission on Mental Health;
(3A) “Core services agency” means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services;
(4) “Court” means the Superior Court of the District of Columbia;
(4A) “Department” means the Department of Behavioral Health;
(4A-i) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(4B) “Mental health services” means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;
(4C) “Mental health supports” means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;
(5) “Mental illness” means a psychosis or other disease which substantially impairs the mental health of a person;
(6) Repealed.
(7) “Physician” means a person licensed under the laws of the District of Columbia to practice medicine, or a person who practices medicine in the employment of the Government of the United States or of the District of Columbia;
(8) “Private hospital” means a nongovernmental hospital or institution, or part thereof, in the District of Columbia, equipped and qualified to provide inpatient care and treatment for a person with a physical or mental illness;
(8A) “Provider” means an individual or entity that:
  (A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or
  (B) Has entered into an agreement with the Department to provide mental health services or mental health supports;
(8B) “Psychiatrist” means a physician who is licensed to practice medicine in the District of Columbia, or is employed by the federal government, and has completed a residency in psychiatry;
(9) “Public hospital” means a hospital or institution, or part thereof, in the District of Columbia, owned and operated by the Government of the United States or of the District of Columbia, equipped and qualified to provide inpatient care and treatment for persons with from physical or mental illness;
(9A) "Qualified nurse practitioner" means a person who is licensed under the laws of the District of Columbia to practice as a certified nurse practitioner pursuant to § 3-1206.07a , has completed a master's or doctoral degree in psychiatric nursing, and is nationally board-certified as a psychiatric-mental health nurse practitioner.
(9B) “Qualified physician” means a person licensed under the laws of the District of Columbia to practice medicine who is board-certified in emergency medicine and certified by the Department to examine persons and prepare admission certificates pursuant to § 21-522 ; and
(10) “Qualified psychologist” means a person who is licensed pursuant to § 3-1205.01 , or working as a psychologist and authorized to practice pursuant to § 3-1205.02(a)(2) , and has (1) one year of formal training within a hospital setting; or (2) two years of supervised clinical experience in an organized health care setting, one of which must be post-doctoral.
D.C. Code § 21-309 — DC Code / Title 21 / Chapter 3 / § 21-309
§ 21-309. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
Status: in_force

(a) Custodial property is created and a transfer is made when:
  (1) An uncertificated security is either:
  TRANSFER UNDER THE DISTRICT OF COLUMBIA UNIFORM TRANSFERS TO MINORS ACT
  I, __________ [name of transferor or name of representative capacity if a fiduciary] hereby transfer to __________ [name of custodian], as custodian for __________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act, the following: [insert a description of the custodian property sufficient to identify it].
  Dated: __________
  ________________________
  [Signature]
  __________ [name of custodian] acknowledges receipt of the property described above as a custodian for the minor named above under the District of Columbia Uniform Transfers to Minors Act.
  Dated: __________
  ________________________
  [Signature of Custodian]
Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”; or
Delivered with the necessary documents and endorsements for transfer to an adult other than the transferor or to a trust company, as custodian, accompanied by an instrument in substantially the form described in subsection (b) of this section;
A certificated security in registered form is either:
Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”; or
Delivered, together with any necessary endorsements, to an adult other than the transferor or to a trust company, as custodian, accompanied by an instrument in substantially the form described in subsection (b) of this section;
Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”;
The ownership of a life or endowment insurance policy or annuity contract is either:
Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”; or
Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”;
An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”;
An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”;
A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:
Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”; or
Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for ____________ [name of minor] under the District of Columbia Uniform Transfers to Minors Act”; or
An interest in any property not described in paragraphs (1) through (7) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section.
An instrument in the following form satisfies the requirements of paragraphs (1)(B), (2)(B), and (8) of subsection (a) of this section:
(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
(d) A transferor who transfers property to an individual under the age of 21 years pursuant to section 21-304 or 21-305 may expressly provide that the custodian shall deliver, convey, or pay the property to the individual on the individual’s attaining the age of 21 by inclusion of the parenthetical “(21)” after the words “District of Columbia Uniform Transfers to Minors Act” or substantially similar language. In such case, the word “minor”, as used in this chapter, shall mean an individual who has not attained the age of 21 years.
D.C. Code § 21-2098 — DC Code / Title 21 / Chapter 20 / § 21-2098
§ 21-2098. Uniformity of application and construction.
Status: repealed

Repealed.
D.C. Code § 21-2602.05 — DC Code / Title 21 / Chapter 26 / § 21-2602.05
§ 21-2602.05. Tangible personal property.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
  (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of a tangible personal property or an interest in tangible personal property;
  (2) Sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
  (3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
  (4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
  (5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
    (A) Insuring against liability or casualty or other loss;
    (B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
    (C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
    (D) Moving the property from place to place;
    (E) Storing the property for hire or on a gratuitous bailment; and
    (F) Using and making repairs, alterations, or improvements to the property; and
  (6) Change the form of title of an interest in tangible personal property.
D.C. Code § 21-2401.04 — DC Code / Title 21 / Chapter 24 / § 21-2401.04
§ 21-2401.04. Communication between courts.
Status: in_force

(a) The Superior Court may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
D.C. Code § 21-2045 — DC Code / Title 21 / Chapter 20 / § 21-2045
§ 21-2045. Acceptance of appointment; consent of jurisdiction.
Status: in_force

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered or mailed to the guardian at the address listed in the court records and at the address as then known to the petitioner, except where the guardian resides in a foreign jurisdiction in which case notice shall be made to the court.
D.C. Code § 21-1722 — DC Code / Title 21 / Chapter 17 / § 21-1722
§ 21-1722. Prohibition from exercising powers conferred upon trustee.
Status: in_force

(a) For purposes of this section, the term:
  (1) “Adverse party” shall have the same meaning as construed under § 672 of the Internal Revenue Code and the regulations promulgated thereunder.
  (2) “Ascertainable standard relating to the trustee’s health, education, support, and maintenance” shall have the same meaning as construed under §§ 2041 and 2514 of the Internal Revenue Code and the regulations promulgated thereunder.
  (3) “Internal Revenue Code” means the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.).
  (4) “Parties in interest” means:
    (A) Each trustee then serving; and
    (B) Each beneficiary then in existence or, if the beneficiary has not attained the age of majority or is otherwise incapacitated, the beneficiary’s parent or legal representative under applicable law or the beneficiary’s attorney-in-fact under a durable power of attorney.
  (5) “Party who is not related or subordinate” shall have the same meaning as construed under § 672 of the Internal Revenue Code and the regulations promulgated thereunder.
(b) (1) None of the following powers conferred upon a trustee by the governing instrument may be exercised by the trustee:
    (A) The power to make any discretionary distributions of either principal or income to or for the benefit of the trustee in the trustee’s individual capacity, unless limited by an ascertainable standard relating to the trustee’s health, education, support, and maintenance; or
    (B) The power to make any discretionary distributions of either principal or income to satisfy any of the trustee’s legal obligations in the trustee’s individual capacity for support.
  (2) If a trustee is prohibited by subsection (b)(1) of this section from exercising a power conferred upon the trustee, the trustee may nevertheless exercise the power, except that the trustee’s exercise of that power shall be limited by an ascertainable standard relating to the trustee’s health, education, support, and maintenance.
(c) If (1) a power described in subsection (b) of this section is exercisable in favor of a beneficiary, and (2) a power is conferred on that beneficiary to remove or replace the trustee, the beneficiary may exercise the power only to replace the trustee with a person who is either an adverse party or a party who is not related or subordinate.
(d) If the governing instrument contains a power described under subsection (b) of this section and there is no trustee who can exercise the power, the trustee then serving may appoint a special trustee who is either an adverse party or a party who is not related or subordinate to exercise the power. If the trustee fails to appoint a special trustee, upon application of any party in interest, a court may appoint a special trustee who is not disqualified under this subsection to exercise the power during the period of time that the court designates.
(e) This section shall not apply to a trust if and to the extent that:
  (1) The trust qualifies for and claims the estate or gift tax marital deduction under § 2056 or § 2523 of the Internal Revenue Code;
  (2) The trust is revocable or amendable at the time of the exercise of the power; or
  (3) Contributions to the trust qualify for the annual exclusion under § 2503(c) of the Internal Revenue Code.
(f) (1) Subject to subsection (e) of this section, this section applies to:
    (A) Any trust created under a governing instrument executed after the effective date of this section, unless the governing instrument provides expressly that this section shall not apply; and
    (B) Any trust created under a governing instrument executed before the effective date of this section [April 3, 2001], unless all parties in interest elect affirmatively not to be subject to this section on or before the later of:
      (i) Three years after the effective date of this section; or
      (ii) Three years after the date on which the trust becomes irrevocable.
  (2) Reserved.
  (3) The election required under paragraph (1) of this subsection shall be made by a written declaration signed by the parties in interest and delivered to the trustee.
D.C. Code § 21-564 — DC Code / Title 21 / Chapter 5 / § 21-564
§ 21-564. Exercise of property and other rights; notice of inability; persons hospitalized prior to September 15, 1964.
Status: in_force

(a) A person admitted or committed for treatment pursuant to this chapter may not, by reason of the admission or treatment, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, and hold a driver’s license, unless the person has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. If the chief clinical officer of the Department or the chief of service for the public or private hospital, facility, or provider in which the committed person is housed is of the opinion that the person is unable to exercise any of the rights referred to in this section, the chief clinical officer or chief of service shall immediately notify the person and the person’s attorney, legal guardian, spouse, parents, or other nearest known adult relative, the Superior Court of the District of Columbia, the Commission, and the Mayor of that fact.
(b) A person in the District of Columbia who, by reason of a judicial decree ordering his hospitalization entered prior to September 15, 1964, is considered to be mentally incompetent and is denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, or hold a driver’s license solely by reason of the decree, shall, upon the expiration of the one-year period immediately following September 15, 1964, be deemed to have been restored to legal capacity unless, within the one-year period, affirmative action is commenced to have the person adjudicated mentally incompetent by a court of competent jurisdiction; provided, however, that in those cases in which a committee has heretofore been appointed and the committeeship has not been terminated by court action, such committee shall continue to act under the supervision of the Superior Court of the District of Columbia under its equity powers.
D.C. Code § 21-115 — DC Code / Title 21 / Chapter 1 / § 21-115
§ 21-115. Bond of guardian of estate.
Status: in_force

A guardian appointed by the court, other than a corporation authorized to act as guardian, and a testamentary guardian, unless otherwise directed by the will making the appointment, before entering upon or taking possession of or interfering with the estate of the infant, shall execute a bond in such penalty and with such surety as the court approves, to be recorded and to be liable to be sued upon for the use of a person interested, with the condition that if he, as guardian, faithfully accounts to the court, as required by law, for the management of the property and estate of the infant under his care, and delivers up the property agreeably to the order of the court or the directions of law, and in all respects performs the duty of guardian according to law, then the obligation shall cease; it shall otherwise remain in full force.
D.C. Code § 21-1902 — DC Code / Title 21 / Chapter 19 / § 21-1902
§ 21-1902. Warrant to United States marshal; fees of marshal.
Status: repealed

Repealed.
D.C. Code § 21-1703 — DC Code / Title 21 / Chapter 17 / § 21-1703
§ 21-1703. Transfer of negotiable instruments by fiduciary.
Status: in_force

If a negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if a negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, the instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in a transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.
D.C. Code § 21-2402.08 — DC Code / Title 21 / Chapter 24 / § 21-2402.08
§ 21-2402.08. Notice of proceeding.
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in the District of Columbia and the District was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of the District, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state. The notice shall be given in the same manner as notice is required to be given in the District.
D.C. Code § 21-323 — DC Code / Title 21 / Chapter 3 / § 21-323
§ 21-323. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
D.C. Code § 21-316 — DC Code / Title 21 / Chapter 3 / § 21-316
§ 21-316. Exemption of third person from liability.
Status: in_force

A third person, in good faith and without a court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge of the third person, shall not be responsible for determining the following:
(1) The validity of the purported custodian’s designation;
(2) The propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
D.C. Code § 21-2221.08 — DC Code / Title 21 / Chapter 22 / § 21-2221.08
§ 21-2221.08. Comfort care.
Status: in_force

Regardless of the treatment orders on the MOST Form, EMS personnel and other health care professionals may provide the following interventions, as needed, to a patient for comfort or to alleviate pain:
(a) (1) Clear the airway, without the use of artificial ventilation, esophageal obturator airway, or endotracheal intubation;
  (2) Administer suction;
  (3) Provide oxygen, without the use of artificial ventilation, esophageal obturator airway, or endotracheal intubation;
  (4) Provide pain medication;
  (5) Control bleeding; or
  (6) Make any other necessary adjustments.
D.C. Code § 21-2601.06 — DC Code / Title 21 / Chapter 26 / § 21-2601.06
§ 21-2601.06. Validity of power of attorney.
Status: in_force

(a) A power of attorney executed in the District on or after the effective date of this chapter [February 23, 2023] is valid if its execution complies with § 21-2601.05 .
(b) A power of attorney executed in the District before the effective date of this chapter [February 23, 2023] is valid if its execution complied with District law as it existed at the time of execution.
(c) A power of attorney executed other than in the District is valid in the District if, when the power of attorney was executed, the execution complied with:
  (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 21-2601.07 ; or
  (2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically submitted copy of an original power of attorney shall have the same effect as the original.
D.C. Code § 21-302 — DC Code / Title 21 / Chapter 3 / § 21-302
§ 21-302. Scope and jurisdiction.
Status: in_force

(a) This chapter applies to a transfer that refers to this act in the designation under section 21-309(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the District or the custodial property is located in the District. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor or the custodian, or despite the removal of custodial property from the District.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in the District with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in the District if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
D.C. Code § 21-117 — DC Code / Title 21 / Chapter 1 / § 21-117
§ 21-117. Additional bond.
Status: in_force

The court may at any time require a guardian to give bond or additional bond, when the interests of the infant require it, and on his failure or refusal so to do, may revoke his appointment and appoint another guardian in his place, and require the estate of the infant to be forthwith delivered to the newly appointed guardian, and may direct the latter to bring suit upon the bond of his predecessor.
D.C. Code § 21-2033 — DC Code / Title 21 / Chapter 20 / § 21-2033
§ 21-2033. Guardian ad litem; counsel; visitor.
Status: in_force

(a) At any point in a proceeding, a court may appoint a guardian ad litem to prosecute or defend the best interests of individuals in any legal proceeding if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or interests. In addition, a guardian ad litem may be appointed by the court to assist the subject of an intervention proceeding to determine his or her best interests in regard to the guardianship or protective proceeding or to make that determination if the subject of the proceeding is unconscious or otherwise wholly incapable of determining his or her interests in that proceeding even with assistance. In either case the guardian ad litem shall not serve as an independent finder of fact, investigator, ombudsman, or other neutral party in the proceeding. The court, as a part of the record of the proceeding, shall set out its reasons for appointing a guardian ad litem and his or her specific duties.
(b) (1) The duty of counsel for the subject of a guardianship or protective proceeding is to represent zealously that individual’s expressed wishes. At a minimum, this shall include:
    (A) Personal interviews with the subject of the intervention proceeding;
    (B) Explaining to the subject of the intervention proceeding, in the language, mode of communication, and terms that the individual is most likely to understand, the nature and possible consequences of the proceeding, the alternatives that are available, and the rights to which the individual is entitled; and
    (C) Securing and presenting evidence and testimony and offering arguments to protect the rights of the subject of the guardianship or protective proceeding and further the subject of the guardianship’s expressed wishes.
  (2) If the subject of the guardianship or protective proceeding is unconscious or otherwise wholly incapable of expressing his or her wishes, counsel shall advocate zealously for the result that is the least restrictive option in type, duration, and scope, consistent with the subject’s interests as determined by the guardian ad litem.
(c) Visitors appointed by the court in guardianship or protective proceedings shall interview the subject of the proceeding, the person who has filed the petition initiating the proceeding, and any person nominated to serve as guardian or conservator. The visitor shall also visit the present place of abode of the subject of the proceeding and the place it is proposed that the individual will be detained or reside if the appointment is made. The visitor shall submit a written report to the court. If a person has been nominated for appointment as a guardian or conservator, the visitor shall investigate whether a conflict or potential conflict of interest should preclude the appointment. If no person is nominated, the visitor shall make a nomination in his or her report to the court.
D.C. Code § 21-513 — DC Code / Title 21 / Chapter 5 / § 21-513
§ 21-513. Hospitalization of nonprotesting persons.
Status: in_force

A friend or relative of a person believed to have a mental illness may apply on behalf of that person to the admitting psychiatrist or the admitting qualified psychologist of a hospital by presenting the person, together with a referral from a practicing physician or qualified psychologist. For the purpose of examination and treatment, a private hospital may accept a person so presented and referred, and a public hospital shall accept a person so presented and referred, if, in the judgment of the admitting psychiatrist or the admitting qualified psychologist, the need for examination and treatment is indicated on the basis of the person’s mental condition and the person signs a statement at the time of the admission stating that he does not object to hospitalization. The statement shall contain in simple, nontechnical language the fact that the person is to be hospitalized and a description of the right to release set out in § 21-514 . The admitting psychiatrist or the admitting qualified psychologist may admit a person so presented, without referral from a practicing physician or qualified psychologist, if the need for an immediate admission is apparent to the admitting psychiatrist or the admitting qualified psychologist upon preliminary examination.
D.C. Code § 21-2068 — DC Code / Title 21 / Chapter 20 / § 21-2068
§ 21-2068. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
Status: in_force

Any sale or encumbrance to a conservator, the spouse, domestic partner, agent, attorney of a conservator, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator that is affected by a substantial conflict between fiduciary and personal interests is voidable, unless the transaction is approved by the court after a hearing as directed. Notice of the hearing shall be in the form and manner as prescribed in sections 21-2042(c)   and 21-2031(b)   and shall be served on the following individuals:
(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 will as a guardian; and
(6) The individual, if any, appointed or proposed for appointment as guardian ad litem.
D.C. Code § 21-152 — DC Code / Title 21 / Chapter 1 / § 21-152
§ 21-152. Terms of sale; lien.
Status: in_force

A sale pursuant to a decree issued pursuant to section 21-151   may be made upon such terms as to cash and credit as the court directs, and a lien shall be retained on the property sold for the purchase money.
D.C. Code § 21-502 — DC Code / Title 21 / Chapter 5 / § 21-502
§ 21-502. Commission on Mental Health; composition; appointment and terms of members; organization; chairperson; salaries.
Status: in_force

(a) The Commission on Mental Health is continued. The Chief Judge of the Superior Court of the District of Columbia shall appoint the members of the Commission, and the Commission shall be composed of 9 members and an alternate chairperson. One member shall be a magistrate judge of the Court appointed pursuant to title 11, District of Columbia Official Code, who shall be a member of the bar of the Court and has engaged in active practice of law in the District of Columbia for a period of at least 5 years prior to his or her appointment. The magistrate judge shall be the Chairperson of the Commission and act as the administrative head of the Commission. The Chairperson shall preside at all hearings and direct all of the proceedings before the Commission. Eight members of the Commission shall be psychiatrists or qualified psychologists, as those terms are defined in section 21-501, who have not had less than 5 years of experience in the diagnosis and treatment of mental illness.
(b) (1) Appointment of members of the Commission shall be for terms of 4 years.
  (2) The initial appointment of a psychiatrist or a qualified psychologist shall be for a probationary period of one year. After the initial one-year probationary appointment, subsequent appointments of the psychiatrist or qualified psychologist shall be for terms of 4 years.
(c) The psychiatrist or qualified psychologist members of the Commission shall serve on a part-time basis and shall be rotated by assignment of the Chief Judge of the Court, so that at any one time the Commission shall consist of the Chairperson and 2 members, each of whom is either a psychiatrist or a qualified psychologist. Members of the Commission who are psychiatrists or qualified psychologists may practice their professions during their tenures of office, but may not participate in the disposition of a case of a person in which they have rendered professional service or advice.
(d) The Chief Judge of the Court shall appoint a magistrate judge of the Court to serve as an alternate Chairperson of the Commission. The alternate Chairperson shall serve on a part time basis and act as Chairperson in the absence of the permanent Chairperson.
(e) The rate of compensation for the members of the Commission who are psychiatrists or qualified psychologists shall be fixed by the Executive Officer of the Court.
D.C. Code § 21-1116 — DC Code / Title 21 / Chapter 11 / § 21-1116
§ 21-1116. Transfer to Saint Elizabeths Hospital when person becomes insane.
Status: repealed

Repealed.
D.C. Code § 21-2602.13 — DC Code / Title 21 / Chapter 26 / § 21-2602.13
§ 21-2602.13. Personal and family maintenance.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
  (1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
    (A) The principal's minor children;
    (B) The principal's adult children who are pursuing a postsecondary school education and are under the age of 26;
    (C) Other individuals legally entitled to be supported by the principal; and
    (D) The individuals whom the principal has customarily supported or indicated the intent to support;
  (2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
  (3) Provide living quarters for the individuals described in paragraph (1) of this subsection by:
    (A) Purchase, lease, or other contract; or
    (B) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
  (4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1) of this subsection;
  (5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1) of this subsection;
  (6) Act as the principal's personal representative pursuant to sections 1171 through 1179 of the Social Security Act, approved August 21, 1996 (110 Stat. 2021; 42 U.S.C. § 1320d et seq. ), and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under District law to consent to health care on behalf of the principal;
  (7) Continue any provision made by the principal for automobiles or other means of transportation, including: registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1) of this subsection;
  (8) Maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) of this subsection and open new accounts; and
  (9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
D.C. Code § 21-101 — DC Code / Title 21 / Chapter 1 / § 21-101
§ 21-101. Natural guardians of the person.
Status: in_force

(a) The father and mother are the natural guardians of the person of their minor children. When either dies or is incapable of acting, the natural guardianship of the person devolves upon the other.
(b) This section does not affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it.
D.C. Code § 21-2062 — DC Code / Title 21 / Chapter 20 / § 21-2062
§ 21-2062. Petitions for orders subsequent to appointment.
Status: in_force

(a) Any person interested in the welfare of an individual for whom a conservator has been appointed may petition the court for an order:
  (1) Requiring bond, additional bond, or reducing bond;
  (2) Requiring a special accounting for the administration of the trust;
  (3) Directing distribution;
  (4) Removing the conservator and appointing a temporary or successor conservator; or
  (5) Granting other appropriate relief.
(b) A conservator may petition the court for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
D.C. Code § 21-308 — DC Code / Title 21 / Chapter 3 / § 21-308
§ 21-308. Receipt for custodial property.
Status: in_force

A written acknowledgement of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred under this act.
D.C. Code § 21-523 — DC Code / Title 21 / Chapter 5 / § 21-523
§ 21-523. Court order requirement for hospital detention beyond 48 hours; maximum period for observation.
Status: in_force

(a) A person admitted to a hospital or the Department under § 21-522 may not be detained in the hospital or by the Department for a period in excess of 48 hours from the time of the person’s admission, unless the administrator of the hospital, the chief clinical officer of the Department, or the administrator’s or chief clinical officer’s designee has, within that period, filed a written petition with the court for an order authorizing the continued detention of the person for emergency observation and diagnosis for a period not to exceed 7 days from the time the order is entered.
(b) A person brought in for emergency diagnosis and observation may be provided treatment if the person gives their informed consent or has been deemed incapacitated and substituted consent has been given, pursuant to § 21-2210 , prior to commitment.
D.C. Code § 21-2401.06 — DC Code / Title 21 / Chapter 24 / § 21-2401.06
§ 21-2401.06. Taking testimony in another state.
Status: in_force

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the District of Columbia for testimony taken in another state. The Superior Court, on its own motion, may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, the Superior Court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Superior Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to the Superior Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
D.C. Code § 21-547 — DC Code / Title 21 / Chapter 5 / § 21-547
§ 21-547. Judicial determination of petition filed under section 21-546; order; psychiatrists and qualified psychologists as witnesses.
Status: in_force

(a) In considering a petition filed under § 21-546 , the court shall consider the testimony of the psychiatrists or qualified psychologists who participated in the examination of the committed person, and the reports of the psychiatrists or qualified psychologists accompanying the petition. After considering the testimony and reports, the court shall either:
  (1) Reject the petition and order the continued commitment of the person; or
  (2) Order the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider to immediately implement the least restrictive treatment or immediately release the committed person from the commitment.
(b) A psychiatrist or qualified psychologist participating in the examination of the committed person shall be a competent and compellable witness at any trial or hearing held pursuant to this chapter.
D.C. Code § 21-901 — DC Code / Title 21 / Chapter 9 / § 21-901
§ 21-901. Definition.
Status: in_force

As used in this chapter, “mental illness” has the same meaning as that given to the term by section 21-501  .
D.C. Code § 21-112 — DC Code / Title 21 / Chapter 1 / § 21-112
§ 21-112. Suits by ancillary guardian.
Status: in_force

(a) Upon the granting of ancillary letters, the guardian may institute and prosecute to judgment any action in the courts of the District of Columbia, take possession of all property of his ward, and collect and receive all moneys belonging and due to him therein, give full receipt and acquittances for debts, and release all claims, liens, and mortgages belonging to the ward, on property in the District of Columbia, in the same manner as if his authority had been originally conferred by the Probate Court.
(b) The guardian shall give security for the costs which may accrue in an action brought by him, in the same manner as other nonresidents bringing suit in the courts of the District.
D.C. Code § 21-2051 — DC Code / Title 21 / Chapter 20 / § 21-2051
§ 21-2051. Protective proceedings.
Status: in_force

(a) Upon petition and after notice and hearing in accordance with the provisions of this subchapter, the court may appoint a conservator or make any other protective order for cause as provided in this section.
(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of an individual, if the court determines that either the individual is an incapacitated individual according to section 21-2011(11), has disappeared, is being detained by a foreign power, or is being held hostage by someone other than a foreign power and:
  (1) The individual has property that will be wasted or dissipated unless property management is provided; or
  (2) Money is needed for the support, care, and welfare of the individual or those entitled to the individual’s support and protection is necessary or desirable to obtain and provide money.
D.C. Code § 21-2401.01 — DC Code / Title 21 / Chapter 24 / § 21-2401.01
§ 21-2401.01. Short title.
Status: in_force

This chapter may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”.
D.C. Code § 21-903 — DC Code / Title 21 / Chapter 9 / § 21-903
§ 21-903. Apprehension by certain officials of persons believed to have a mental illness; proceedings.
Status: in_force

(a) An officer or employee of the United States authorized to make arrests, and a guard or watchman employed by the United States, may apprehend and detain a person whom he believes to be a person with mental illness and found in a place specified by section 21-902, and, except as provided by section 21-904, bring the person for a hearing before a United States commissioner for the district where the person was apprehended, and designated as provided by section 21-902. When an immediate hearing before a commissioner cannot be had, the officer or employee may take the person to Saint Elizabeths Hospital. The Superintendent of Saint Elizabeths Hospital may detain the person pending a hearing before a United States commissioner for the District of Columbia, designated as provided by section 21-902, for a period not exceeding 72 hours.
(b) The United States commissioner specified by subsection (a) of this section shall hold a hearing as promptly as practicable after the apprehension of a person pursuant to that subsection and in any event not later than 72 hours thereafter. The hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent of the hospital certifies that in his opinion it would be prejudicial to the health of the person or unsafe to produce him at a hearing elsewhere. If, after a hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, an officer, employee, guard, or watchman specified by subsection (a) of this section may transport the person to Saint Elizabeths Hospital in accordance with the order of the commissioner.
D.C. Code § 21-317 — DC Code / Title 21 / Chapter 3 / § 21-317
§ 21-317. Liability to third persons.
Status: in_force

(a) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if a claim is based on the following:
  (1) A contract entered into by a custodian acting in a custodial capacity;
  (2) An obligation arising from the ownership or control of custodial property; or
  (3) A tort committed during the custodianship.
(b) A custodian is not personally liable in the following circumstances:
  (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
  (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
D.C. Code § 21-1704 — DC Code / Title 21 / Chapter 17 / § 21-1704
§ 21-1704. Check drawn by fiduciary payable to third person.
Status: in_force

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. Where, however, the instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in a transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.
D.C. Code § 21-1701 — DC Code / Title 21 / Chapter 17 / § 21-1701
§ 21-1701. Definitions.
Status: in_force

(a) In this chapter unless the context otherwise requires:
“bank” includes a person or association of persons, whether incorporated or not, carrying on the business of banking;
“fiduciary” includes a trustee under a trust, express, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or other person acting in a fiduciary capacity for a person, trust, or estate;
“person” includes a corporation, partnership, or other association, or two or more persons having a joint or common interest;
“principal” includes a person to whom a fiduciary as such owes an obligation.
(b) A thing is done “in good faith” within the meaning of this chapter, when it is in fact done honestly, whether negligently or not.