reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.03. Jurisdiction

§ 21–2402.03. Jurisdiction.
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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2402.01, § 21-2402.04, § 21-2402.06, § 21-2402.07, and § 21-2402.09.
Editor's Notes
Uniform Law: This section is based upon § 203 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.04. Special jurisdiction

§ 21–2402.04. Special jurisdiction.
(a) Even if the Superior Court lacks jurisdiction under § 21-2402.03, the court has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the District of Columbia;
(2) Issue a protective order with respect to real or tangible personal property located in the District of Columbia;
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 21-2403.01.
(b) If a petition for the appointment of a guardian in an emergency is brought in the District of Columbia and the District was not the respondent’s home state on the date the petition was filed, the Superior Court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2402.03, § 21-2402.05, and § 21-2402.09.
Editor's Notes
Uniform Law: This section is based upon § 204 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.05. Exclusive and continuing jurisdiction

§ 21–2402.05. Exclusive and continuing jurisdiction.
Except as otherwise provided in § 21-2402.04, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 205 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.06. Appropriate forum

§ 21–2402.06. Appropriate forum.
(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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2402.03 and § 21-2402.07.
Editor's Notes
Uniform Law: This section is based upon § 206 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.07. Jurisdiction declined by reason of conduct

§ 21–2402.07. Jurisdiction declined by reason of conduct.
(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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 207 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.08. Notice of proceeding

§ 21–2402.08. Notice of proceeding.
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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 208 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter II - Jurisdiction › § 21–2402.09. Proceedings in more than one state

§ 21–2402.09. Proceedings in more than one state.
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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 209 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter IV - Registration and Recognition of Orders from Other States › § 21–2404.01. Registration of guardianship orders

§ 21–2404.01. Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the District of Columbia, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the District by filing as a foreign judgment in the Superior Court certified copies of the order and letters of office.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 401 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter IV - Registration and Recognition of Orders from Other States › § 21–2404.02. Registration of protective orders

§ 21–2404.02. Registration of protective orders.
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.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 402 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter IV - Registration and Recognition of Orders from Other States › § 21–2404.03. Effect of registration

§ 21–2404.03. Effect of registration.
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the District of Columbia all powers authorized in the order of appointment except as prohibited under the laws of the District, including maintaining actions and proceedings in the District and, if the guardian or conservator is not a resident of the District, subject to any conditions imposed upon nonresident parties.
(b) The Superior Court may grant any relief available under this chapter and other law of the District of Columbia to enforce a registered order.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 403 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter V - Miscellaneous Provisions › § 21–2405.01. Uniformity of application and construction

§ 21–2405.01. Uniformity of application and construction.
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 states that enact it.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2405.03.
Editor's Notes
Uniform Law: This section is based upon § 501 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter V - Miscellaneous Provisions › § 21–2405.02. Relation to Electronic Signatures in Global and National Commerce Act

§ 21–2405.02. Relation to Electronic Signatures in Global and National Commerce Act.
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) ).
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Section References
This section is referenced in § 21-2405.03.
Editor's Notes
Uniform Law: This section is based upon § 502 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 24 - Adult Guardianship and Protective Proceedings Jurisdiction; Uniform Act › Subchapter V - Miscellaneous Provisions › § 21–2405.03. Transitional provision

§ 21–2405.03. Transitional provision.
(a) This chapter applies to guardianship and protective proceedings begun on or after [November 25, 2008].
(b) Subchapters I, III, and IV [of this chapter] and §§ 21-2405.01 and 21-2405.02 apply to proceedings begun before [November 25, 2008], regardless of whether a guardianship or protective order has been issued.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
Editor's Notes
Uniform Law: This section is based upon § 504 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2501. Short title

§ 21–2501. Short title.
This chapter may be cited as the "Uniform Fiduciary Access to Digital Assets Act of 2020".
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2503. Applicability

§ 21–2503. Applicability.
(a) This chapter applies to:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after [March 16, 2021];
(2) A personal representative acting for a decedent who died before, on, or after [March 16, 2021];
(3) A conservatorship proceeding commenced before, on, or after [March 16, 2021]; and
(4) A trustee acting under a trust created before, on, or after [March 16, 2021].
(b) This chapter applies to a custodian if the user resides in the District or resided in the District at the time of the user's death.
(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2504. User direction for disclosure of digital assets

§ 21–2504. User direction for disclosure of digital assets.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2505. Terms-of-service agreement

§ 21–2505. Terms-of-service agreement.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2506. Procedure for disclosing digital assets

§ 21–2506. Procedure for disclosing digital assets.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2507. Disclosure of contents of electronic communications of deceased user

§ 21–2507. Disclosure of contents of electronic communications of deceased user.
If a deceased user consented or, in the absence of direction pursuant to § 21-2504, the Superior Court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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;
(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) 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:
(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph;
(ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701
et seq
., 47 U.S.C. § 222, or other applicable laws;
(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2508. Disclosure of other digital assets of deceased user

§ 21–2508. Disclosure of other digital assets of deceased user.
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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2509. Disclosure of content of electronic communications of principal

§ 21–2509. Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the Superior Court, a custodian shall disclose to the agent the content of electronic communications sent or received by the principal if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; 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 principal's account; or
(B) Evidence linking the account to the principal.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2510. Disclosure of other digital assets of principal

§ 21–2510. Disclosure of other digital assets of principal.
Unless otherwise ordered by the Superior Court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; 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 principal's account; or
(B) Evidence linking the account to the principal.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2511. Disclosure of digital assets held in trust when trustee is original user

§ 21–2511. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the Superior Court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2512. Disclosure of contents of electronic communications held in trust when trustee not original user

§ 21–2512. Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the Superior Court, directed by the 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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2513. Disclosure of other digital assets held in trust when trustee not original user

§ 21–2513. Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the Superior Court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under § 19-1310.13;
(3) A certification by the trustee, under penalty of perjury, that the trust exists, and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B) Evidence linking the account to the trust.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2514. Disclosure of digital assets to conservator of protected individual

§ 21–2514. Disclosure of digital assets to conservator of protected individual.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2515. Fiduciary duty and authority

§ 21–2515. Fiduciary duty and authority.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2516. Custodian compliance and immunity

§ 21–2516. Custodian compliance and immunity.
(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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2517. Uniformity of application and construction

§ 21–2517. Uniformity of application and construction.
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.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 25 - Uniform Fiduciary Access to Digital Assets Act › § 21–2518. Relation to Electronic Signatures in Global and National Commerce Act

§ 21–2518. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (.114 Stat. 464; 15 U.S.C. § 7001
et seq
.) ("ESGNCA"), but does not modify, limit, or supersede section 101(c) of the ESGNCA, or authorize electronic delivery of any of the notices described in section 103(b) [of] the ESGNCA.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.01. Short title

§ 21–2601.01. Short title.
This chapter may be cited as the "Uniform Power of Attorney Act".
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.03. Applicability

§ 21–2601.03. Applicability.
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.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.04. Power of attorney is durable

§ 21–2601.04. Power of attorney is durable.
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.05. Execution of power of attorney

§ 21–2601.05. Execution of power of attorney.
(a) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(b) A power of attorney executed under this chapter is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.06. Validity of power of attorney

§ 21–2601.06. Validity of power of attorney.
(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.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.07. Meaning and effect of power of attorney

§ 21–2601.07. Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.08. Nomination of conservator; relation of agent to court-appointed fiduciary

§ 21–2601.08. Nomination of conservator; relation of agent to court-appointed fiduciary.
(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination as provided in §§ 21-2043(b) and 21-2057(a).
(b) If, after the principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.09. When power of attorney effective

§ 21–2601.09. When power of attorney effective.
(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.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)