reglab/housing_qa huggingface dataset:
DC Code § 21-2068 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2068. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions

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.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Apr. 4, 2006, D.C. Law 16-79, § 7(d), 53 DCR 1035.)  Prior Codifications 1981 Ed., § 21-2068. Effect of Amendments D.C. Law 16-79, in the lead-in language, substituted “the spouse, domestic partner,” for “the spouse,”; and in par. (3), substituted “blood, marriage, or domestic partnership” for “blood or marriage”. Editor's Notes Uniform Law: This section is based upon § 2-321 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2069 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2069. Persons dealing with conservators; protection

(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in section 21-2055(c) is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of power or the propriety of its exercise, but restrictions on powers of conservators that are endorsed on letters as provided in section 21-2072 are effective as to third persons. A person is not bound to see the proper application of estate assets paid or delivered to a conservator. (b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitute for protection provided by comparable provisions of the law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2069. Editor's Notes Uniform Law: This section is based upon § 2-322 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2071 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2071. Distributive duties and powers of conservator

A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected individual and dependents in accordance with the following principles: (1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit of the protected individual or dependent made by the protected individual and a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons furnishing support, education, or care to the protected individual or a dependent pursuant to the recommendations of a guardian of the protected individual unless the conservator knows that the guardian derives personal financial benefit from the recommendation, including relief from any personal duty of support, or knows that the recommendations are clearly not in the best interest of the protected individual. (2) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected individual and dependents with due regard to: (A) The size of the estate, the probable duration of the conservatorship, and the likelihood that the protected individual, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate; (B) The accustomed standard of living of the protected individual and dependents; and (C) Other funds or sources used for the support of the protected individual. (3) The conservator may expend funds of the estate for the support of individuals legally dependent on the protected individual and others who are members of the protected individual’s household who are unable to support themselves and who are in need of support. (4) Funds expended under this section may be paid by the conservator to any person, including the protected individual, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected individual if it is reasonable to expect that the services will be performed and advance payments are customary or reasonably necessary under the circumstances. (5) A conservator, in discharging the responsibilities conferred by court order and this section, shall implement the principles described in section 21-2055(a).  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(w), 45 DCR 745.)  Prior Codifications 1981 Ed., § 21-2071. Section References This section is referenced in § 21-2072 and § 21-2073. Editor's Notes Uniform Law: This section is based upon § 2-324 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2072 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2072. Enlargement or limitation of powers of conservator

Subject to the restrictions in section 21-2055(c) , the court may confer on a conservator, at the time of appointment or later, in addition to the powers conferred by sections 21-2070 and 21-2071 , any power that the court itself could exercise under section 21-2055(b)(2) . The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by sections 21-2070 and 21-2071 or previously conferred by the court and may at any time remove or modify any limitations. If the court limits any power conferred on the conservator by section 21-2070 or section 21-2071 , or specifies, as provided in section 21-2066(a) , that title to some but not all assets of the protected individual vest in the conservator, the limitation or specification of assets subject to the conservatorship shall be endorsed upon the letters of appointment.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2072. Section References This section is referenced in § 21-2069 and § 21-2070. Editor's Notes Uniform Law: This section is based upon § 2-325 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2073 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2073. Preservation of estate plan; right to examine

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.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2073. Editor's Notes Uniform Law: This section is based upon § 2-326 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2074 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2074. Personal liability of conservator

(a) Even if otherwise provided for in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration or distribution of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract. (b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault. (c) Claims based on (1) contracts entered into by a conservator in a fiduciary capacity, (2) obligations arising from ownership or control of the estate, or (3) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim. (d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2074. Editor's Notes Uniform Law: This section is based upon § 2-328 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2075 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2075. Termination of proceedings

The protected individual, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected individual seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the incapacity of the protected individual or the need for the protective arrangement has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected individual or to successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2075. Editor's Notes Uniform Law: This section is based upon § 2-329 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2076 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2076. Payment of debt and delivery of property to foreign conservator without local proceedings

(a) Any person indebted to a protected individual or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected individual may pay or deliver it to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state of residence of the protected individual upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating: (1) That no protective proceeding relating to the protected individual is pending in the District; and (2) That the foreign fiduciary is entitled to payment or to receive delivery. (b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in the District, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(x), 45 DCR 745.)  Prior Codifications 1981 Ed., § 21-2076. Editor's Notes Uniform Law: This section is based upon § 2-330 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2077 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VI - Protection of Property of Incapacitated, Disappeared or Detained Individuals|§ 21-2077. Foreign conservator; proof of authority; bond; powers

If a conservator has not been appointed in the District and no petition in a protective proceeding is pending in the District, a conservator appointed in the state in which the protected individual resides may file with the court authenticated copies of letters of appointment and copies of any bond. The domiciliary foreign conservator may then exercise, as to assets in the District, all powers of a conservator appointed in the District and may maintain actions and proceedings in the District subject to any conditions imposed upon nonresident parties generally.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2077. Editor's Notes Uniform Law: This section is based upon § 2-331 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
DC Code § 21-2081 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VII - Durable Power of Attorney|§ 21-2081. Definition

A durable power of attorney is a power of attorney by which a principal designates, in writing, another as his or her attorney in fact and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time”, or “This power of attorney shall become effective upon the disability or incapacity of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2081. Section References This section is referenced in § 21-2102. Cross References Durable power of attorney, sufficiency under uniform general power of attorney provisions, see § 21-2102. Editor's Notes Uniform Law: This section is based upon § 1 of the Uniform Durable Power of Attorney Act.
DC Code § 21-2082 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VII - Durable Power of Attorney|§ 21-2082. Durable power of attorney not affected by incapacity

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were not incapacitated.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2082. Editor's Notes Uniform Law: This section is based upon § 2 of the Uniform Durable Power of Attorney Act.
DC Code § 21-2083 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VII - Durable Power of Attorney|§ 21-2083. Relation of attorney in fact to court-appointed fiduciary

(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of his or her property except specific exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not incapacitated and did not have a disability. (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if protective proceedings for the principal’s person or estate are later commenced. The court shall make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or disqualification.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Apr. 24, 2007, D.C. Law 16-305, § 35(c)(4), 53 DCR 6198.)  Prior Codifications 1981 Ed., § 21-2083. Effect of Amendments D.C. Law 16-305, in subsec. (a), substituted “incapacitated and did not have a disability” for “disabled or incapacitated”. Editor's Notes Uniform Law: This section is based upon § 3 of the Uniform Durable Power of Attorney Act.
DC Code § 21-2084 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VII - Durable Power of Attorney|§ 21-2084. Power of attorney not revoked until notice

(a) The death of a principal who has executed a power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal. (b) The incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2084. Editor's Notes Uniform Law: This section is based upon § 4 of the Uniform Durable Power of Attorney Act.
DC Code § 21-2085 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VII - Durable Power of Attorney|§ 21-2085. Proof of continuance of durable and other powers of attorney by affidavit

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revocation or of the principal’s death or incapacity, is conclusive of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is recordable in the same manner. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.  (Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)  Prior Codifications 1981 Ed., § 21-2085. Editor's Notes Uniform Law: This section is based upon § 5 of the Uniform Durable Power of Attorney Act.
DC Code § 21-2091 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VIII - Uniform Disclaimer of Property Interests. [Repealed]|§ 21-2091. Right to disclaim interest in property. [Repealed]

Repealed.  (Mar. 6, 1991, D.C. Law 8-204, § 2, 37 DCR 8439; July 25, 1995, D.C. Law 11-30, § 5(a), 42 DCR 1547; Apr. 27, 2001, D.C. Law 13-292, § 806, 48 DCR 2087; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)  Prior Codifications 1981 Ed., § 21-2091. Editor's Notes Section 1102 of D.C. Law 13-292 provided: “For purposes of Title 5 and Title 9 and sections 801(b), 805, and 806 of Title 8 of this act, the provisions relating to the administration of decedent’s estates shall apply only to the estates of decedent’s who die on or after the effective date of this act.” D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b). New Uniform Disclaimer of Property Interests: See § 19-1501 et seq. Uniform Law: This section is based upon § 1 of the Uniform Disclaimer of Property Interests Act.
DC Code § 21-2092 (2021)
2021 District of Columbia Code|Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]|Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney|Subchapter VIII - Uniform Disclaimer of Property Interests. [Repealed]|§ 21-2092. Time of disclaimer; delivery. [Repealed]

Repealed.  (Mar. 6, 1991, D.C. Law 8-204, § 3, 37 DCR 8439; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)  Prior Codifications 1981 Ed., § 21-2092. Editor's Notes D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b). Uniform Law: This section is based upon § 2 of the Uniform Disclaimer of Property Interests Act.