reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter I - Uniform Fiduciaries Act › § 21–1708. Conforming amendment

§ 21–1708. Conforming amendment.
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.
(Sept. 14, 1965, 79 Stat. 778, Pub. L. 89-183, § 1; March 23, 1995, D.C. Law 10-249, § 3, 42 DCR 467; Apr. 9, 1997, D.C. Law 11-255, § 20(d), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 21-1708.
1973 Ed., § 21-1708.
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Fiduciaries Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter I - Uniform Fiduciaries Act › § 21–1709. Deposit in names of two or more trustees

§ 21–1709. Deposit in names of two or more trustees.
When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee authorized by the others to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.
(Sept. 14, 1965, 79 Stat. 778, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-1709.
1973 Ed., § 21-1709.
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Fiduciaries Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter I - Uniform Fiduciaries Act › § 21–1710. Law not retroactive

§ 21–1710. Law not retroactive.
This chapter does not apply to transactions that took place prior to May 14, 1928.
(Sept. 14, 1965, 79 Stat. 778, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-1710.
1973 Ed., § 21-1710.
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Fiduciaries Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter I - Uniform Fiduciaries Act › § 21–1711. Cases not provided for by chapter

§ 21–1711. Cases not provided for by chapter.
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.
(Sept. 14, 1965, 79 Stat. 778, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-1711.
1973 Ed., § 21-1711.
Editor's Notes
Uniform Law: This section is based upon § 12 of the Uniform Fiduciaries Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter I - Uniform Fiduciaries Act › § 21–1712. Short title

§ 21–1712. Short title.
This subchapter may be cited as the “Uniform Fiduciaries Act”.
(Sept. 14, 1965, 79 Stat. 778, Pub. L. 89-183, § 1; June 16, 1989, D.C. Law 8-9, § 2(c), 36 DCR 3361.)
Prior Codifications
1981 Ed., § 21-1712.
1973 Ed., § 21-1712.
Editor's Notes
Uniform Law: This section is based upon § 14 of the Uniform Fiduciaries Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 17 - General Fiduciary Relations › Subchapter II - General Provisions › § 21–1721. Investment of trust assets. [Repealed]

§ 21–1721. Investment of trust assets. [Repealed]
Repealed.
(June 16, 1989, D.C. Law 8-9, § 2(d), 36 DCR 3361; Mar. 16, 1993, D.C. Law 9-187, 39 DCR 8228; Mar. 24, 1998, D.C. Law 12-81, § 14(p), 45 DCR 745; Mar. 10, 2004, D.C. Law 15-104, § 3(a)(2), 51 DCR 208.)
Prior Codifications
1981 Ed., § 21-1721.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1901. Petition for appointment of receiver, where absentees interested in property; Corporation Counsel as party [Repealed]

§ 21–1901. Petition for appointment of receiver, where absentees interested in property; Corporation Counsel as party [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1902. Warrant to United States marshal; fees of marshal [Repealed]

§ 21–1902. Warrant to United States marshal; fees of marshal [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1903. Notice of hearing to absentee and interested parties [Repealed]

§ 21–1903. Notice of hearing to absentee and interested parties [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1904. Time of hearing; publication and posting of notice [Repealed]

§ 21–1904. Time of hearing; publication and posting of notice [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1905. Appointment of receiver; bond; finding of date of disappearance [Repealed]

§ 21–1905. Appointment of receiver; bond; finding of date of disappearance [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1906. Transfer of property to receiver; schedule of property [Repealed]

§ 21–1906. Transfer of property to receiver; schedule of property [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1907. Possession, by receiver, of additional property; collection of debts [Repealed]

§ 21–1907. Possession, by receiver, of additional property; collection of debts [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1908. Procedure where absentee left only debts due him; appointment of receiver [Repealed]

§ 21–1908. Procedure where absentee left only debts due him; appointment of receiver [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1909. Care, custody, sale of property [Repealed]

§ 21–1909. Care, custody, sale of property [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1910. Support of absentee’s spouse and minor children [Repealed]

§ 21–1910. Support of absentee’s spouse and minor children [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1911. Receiver may adjust claims of or against estate [Repealed]

§ 21–1911. Receiver may adjust claims of or against estate [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1912. Compensation of receiver; interest of absentee in property to cease after fourteen years [Repealed]

§ 21–1912. Compensation of receiver; interest of absentee in property to cease after fourteen years [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1913. Distribution after fourteen years as if absentee had died intestate [Repealed]

§ 21–1913. Distribution after fourteen years as if absentee had died intestate [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1914. Time for distribution and accounting when receiver not appointed within thirteen years [Repealed]

§ 21–1914. Time for distribution and accounting when receiver not appointed within thirteen years [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 19 - Estates of Absentees and Absconders. [Repealed] › § 21–1915. Construction with other laws [Repealed]

§ 21–1915. Construction with other laws [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-1901 to 21-1915.
2023 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 I - General Provisions › § 21–2001. Rule of construction; purposes

§ 21–2001. Rule of construction; purposes.
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are to:
(1) Simplify and clarify the law concerning the affairs of missing individuals, protected individuals, and incapacitated individuals;
(2) Promote a speedy and efficient system for managing and protecting the estates of protected individuals so that assets may be preserved for application to the needs of protected individuals and their dependents; and
(3) Provide a system of general and limited guardianships for incapacitated individuals and coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated individuals.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2001.
Section References
This section is referenced in § 21-2203, § 21-2401.02, and § 21-2403.02.
Cross References
Presumption of capacity, health care decisions, see § 21-2203.
Editor's Notes
Uniform Law: This section is based upon § 1-102 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 I - General Provisions › § 21–2003. Standard of proof

§ 21–2003. Standard of proof.
In proceedings under this chapter for the appointment of a guardian or conservator, either general or limited, or subsequent proceedings in which the powers of a guardian or conservator are sought to be enlarged, the petitioner or moving party shall present clear and convincing evidence that the appointment or enlargement of powers is warranted.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2003.
Editor's Notes
For legislative history of D.C. Law 6-204, see Historical and Statutory Notes following § 21-2001.
2023 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 I - General Provisions › § 21–2004. Effect of a finding of incapacity

§ 21–2004. Effect of a finding of incapacity.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2004.
2023 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 III - Scope › § 21–2021. Territorial application

§ 21–2021. Territorial application.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2021.
Editor's Notes
Uniform Law: This section is based upon § 1-301 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 III - Scope › § 21–2022. Practice in court

§ 21–2022. Practice in court.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2022.
Editor's Notes
Uniform Law: This section is based upon § 1-304 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 III - Scope › § 21–2023. Jury trial. [Repealed]

§ 21–2023. Jury trial. [Repealed]
Repealed.
(Sept. 22, 1989, D.C. Law 8-34, § 2(d), 36 DCR 5035.)
Prior Codifications
1981 Ed., § 21-2023.
2023 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 III - Scope › § 21–2024. Appeals

§ 21–2024. Appeals.
Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the rules applicable to the appeals to the District of Columbia Court of Appeals.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2024.
Editor's Notes
Uniform Law: This section is based upon § 1-307 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 IV - Notice, Parties, and Representation in Guardianship and Protective Proceedings › § 21–2031. Notice; method, contents, and time of giving

§ 21–2031. Notice; method, contents, and time of giving.
(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to the person to be notified or to the attorney, if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
(1) By mailing a copy of the notice at least 17 days before the time set for the hearing by certified or ordinary first-class mail, addressed to the person being notified, using the post office address given in the request for notice, if any, or to the person’s office or place of residence, if known;
(2) By personally delivering a copy to the person being notified at least 14 days before the time set for the hearing; or
(3) In the case of an individual who has disappeared, has been detained by a foreign power, or is being held by someone other than a foreign power, by publishing, at least once a week for 3 consecutive weeks, a copy of the notice in a newspaper of general circulation in the District, the first publication of which is at least 40 days before the date set for the hearing.
(c) The court, for good cause shown, may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made by affidavit not later than the date of the hearing specified in the proceeding.
(e) The contents of the notice required in any proceeding under this chapter shall be as prescribed by court rule. Each notice shall explain the purposes, procedure, and significance of the pleading or hearing that the notice concerns, as well as the rights to which the parties are entitled.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Sept. 22, 1989, D.C. Law 8-34, § 2(e), 36 DCR 5035.)
Prior Codifications
1981 Ed., § 21-2031.
Section References
This section is referenced in § 21-2042, § 21-2053, and § 21-2068.
Editor's Notes
Uniform Law: This section is based upon § 1-401 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 IV - Notice, Parties, and Representation in Guardianship and Protective Proceedings › § 21–2032. Notice; waiver

§ 21–2032. Notice; waiver.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2032.
Editor's Notes
Uniform Law: This section is based upon § 1-402 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 IV - Notice, Parties, and Representation in Guardianship and Protective Proceedings › § 21–2034. Request for notice; interested person

§ 21–2034. Request for notice; interested person.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2034.
Editor's Notes
Uniform Law: This section is based upon § 1-404 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 V - Guardians of Incapacitated Individuals › § 21–2042. Notice; guardianship proceeding

§ 21–2042. Notice; guardianship proceeding.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(s), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-2042.
Section References
This section is referenced in § 21-2041, § 21-2046, § 21-2053, and § 21-2068.
Editor's Notes
Uniform Law: This section is based upon § 2-204 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 V - Guardians of Incapacitated Individuals › § 21–2045. Acceptance of appointment; consent of jurisdiction

§ 21–2045. Acceptance of appointment; consent of jurisdiction.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2045.
Editor's Notes
Uniform Law: This section is based upon § 2-207 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 V - Guardians of Incapacitated Individuals › § 21–2048. Termination of guardianship for incapacitated individual

§ 21–2048. Termination of guardianship for incapacitated individual.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2048.
Editor's Notes
Uniform Law: This section is based upon § 2-210 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2051. Protective proceedings

§ 21–2051. Protective proceedings.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(t), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-2051.
Section References
This section is referenced in § 21-2044 and § 21-2056.
Editor's Notes
Uniform Law: This section is based upon § 2-301 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2052. Original petition for appointment or protective order

§ 21–2052. Original petition for appointment or protective order.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2052.
Editor's Notes
Uniform Law: This section is based upon § 2-304 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2053. Notice

§ 21–2053. Notice.
(a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in section 21-2042 apply, but if the individual to be protected has disappeared, has been detained by a foreign power, or is being held hostage by someone other than a foreign power, notice to the individual must be given by publication as provided in section 21-2031(b)(3).
(b) Notice of a hearing on a petition for an order subsequent to appointment of a conservator or other protective order shall be given to the protected individual, any conservator of the protected individual’s estate, and any other person as ordered by the court.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2053.
Editor's Notes
Uniform Law: This section is based upon § 2-305 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2056. Protective arrangements and single transactions authorized

§ 21–2056. Protective arrangements and single transactions authorized.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2056.
Section References
This section is referenced in § 21-2011.
Editor's Notes
Uniform Law: This section is based upon § 2-308 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2057. Who may be appointed conservator; priorities

§ 21–2057. Who may be appointed conservator; priorities.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(u), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-2057.
Editor's Notes
Uniform Law: This section is based upon § 2-309 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2058. Bond

§ 21–2058. Bond.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2058.
Editor's Notes
Uniform Law: This section is based upon § 2-310 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2059. Effect of acceptance of appointment

§ 21–2059. Effect of acceptance of appointment.
By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed, by registered or certified mail, to the address as listed in the petition for appointment or as reported to the court and to the address as then known to the petitioner, except where the conservator resides in a foreign jurisdiction in which case notice shall be made to the court.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2059.
Editor's Notes
Uniform Law: This section is based upon § 2-312 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2061. Death, resignation, or removal of conservator

§ 21–2061. Death, resignation, or removal of conservator.
(a)(1) The court may, upon notice and hearing, remove a conservator for abuse, neglect, or financial exploitation of an individual for whom the conservator has been appointed or for any other good cause.
(2) The court may accept the resignation of a conservator.
(b)(1) Upon the conservator's death, resignation, or removal, the court may appoint another conservator, who shall succeed to the title and powers of the previous conservator.
(2)(A) A conservator removed for abuse, neglect, or financial exploitation of an individual for whom the conservator has been appointed shall not be subsequently appointed as a conservator for another person for a minimum of 5 years after last removal and until satisfactorily proving their rehabilitation and fitness as determined by the court.
(B) In the event that a removed conservator holds a professional license, the court may report the misconduct to the appropriate licensing authority.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 10, 2023, D.C. Law 24-296, § 3(b), 70 DCR 1012.)
Prior Codifications
1981 Ed., § 21-2061.
Editor's Notes
Uniform Law: This section is based upon § 2-314 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2062. Petitions for orders subsequent to appointment

§ 21–2062. Petitions for orders subsequent to appointment.
(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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2062.
Editor's Notes
Uniform Law: This section is based upon § 2-315 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2063. General duty of conservator

§ 21–2063. General duty of conservator.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2063.
Editor's Notes
Uniform Law: This section is based upon § 2-316 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2064. Inventory and records

§ 21–2064. Inventory and records.
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.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2064.
Editor's Notes
Uniform Law: This section is based upon § 2-317 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2066. Conservators; title by appointment

§ 21–2066. Conservators; title by appointment.
(a) The appointment of a conservator vests in the conservator title as trustee to all property of the protected individual presently held or after acquired, or to the part of the property specified in the order, including title to any property held for the protected individual by custodians or attorneys-in-fact. An order specifying that only a part of the property of the protected individual vests in the conservator creates a limited conservatorship.
(b) Except as otherwise provided in this chapter, the interest of the protected individual in property vested in a conservator by this section is not transferable or assignable by the protected individual. An attempted transfer or assignment by the protected individual, though ineffective to affect property rights, may generate a claim for restitution or damages.
(c) Neither property vested in a conservator by this section nor the interest of the protected person in that property is subject to levy, garnishment, or similar process, except as provided in an order issued in a protective proceeding.
(d) A claimant whose claim has not been paid may petition the court for a determination of the claim at any time before the claim is barred by the applicable statute of limitations and, upon due proof, may procure an order for the claim’s allowance, payment, or security from the estate. If a proceeding is pending against a protected person at the time of the appointment of a conservator or is initiated against the protected person after the appointment, the moving party shall give notice to the conservator whenever the proceeding may result in a claim against the estate.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2066.
Section References
This section is referenced in § 21-2011 and § 21-2072.
Editor's Notes
Uniform Law: This section is based upon § 2-319 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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 › § 21–2067. Recording of conservator’s letters

§ 21–2067. Recording of conservator’s letters.
(a) Letters of conservatorship are evidence of the transfer of all assets, or the part of assets specified in the letters, of a protected individual to the conservator. An order terminating a conservatorship is evidence of the transfer of all assets subjected to the conservatorship from the conservator to the protected individual or to the personal representative of the individual.
(b) Letters of conservatorship and orders terminating conservatorships shall be filed or recorded in the Office of the Recorder of Deeds to give record notice of title as between the conservator and the protected individual.
(c) Letters of conservatorship shall be filed or recorded by the conservator and the conservator shall bear the costs of the filings. If the estate would be depleted by the payment of filing fees, the Recorder of Deeds may waive the fees.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2067.
Editor's Notes
Uniform Law: This section is based upon § 2-320 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
2023 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

§ 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).