reglab/statecodes huggingface dataset:
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 › § 21–2069. Persons dealing with conservators; protection

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

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

§ 21–2072. Enlargement or limitation of powers of conservator.
Subject to the restrictions in section 21-2055(c) , the court may confer on a conservator, at the time of appointment or later, in addition to the powers conferred by sections 21-2070 and 21-2071 , any power that the court itself could exercise under section 21-2055(b)(2) . The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by sections 21-2070 and 21-2071 or previously conferred by the court and may at any time remove or modify any limitations. If the court limits any power conferred on the conservator by section 21-2070 or section 21-2071 , or specifies, as provided in section 21-2066(a) , that title to some but not all assets of the protected individual vest in the conservator, the limitation or specification of assets subject to the conservatorship shall be endorsed upon the letters of appointment.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2072.
Section References
This section is referenced in § 21-2069 and § 21-2070.
Editor's Notes
Uniform Law: This section is based upon § 2-325 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
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 › § 21–2073. Preservation of estate plan; right to examine

§ 21–2073. Preservation of estate plan; right to examine.
In investing the estate, selecting assets of the estate for distribution under section 21-2071 , and utilizing powers of revocation or withdrawal available for the support of the protected individual and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected individual known to them, including a will, any revocable trust of which the individual is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected individual with provisions for payment or transfer of benefits or interests at the individual’s death to another. The conservator may examine the will of the protected individual.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2073.
Editor's Notes
Uniform Law: This section is based upon § 2-326 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
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 › § 21–2074. Personal liability of conservator

§ 21–2074. Personal liability of conservator.
(a) Even if otherwise provided for in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration or distribution of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(c) Claims based on (1) contracts entered into by a conservator in a fiduciary capacity, (2) obligations arising from ownership or control of the estate, or (3) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable for the claim.
(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2074.
Editor's Notes
Uniform Law: This section is based upon § 2-328 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
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 › § 21–2075. Termination of proceedings

§ 21–2075. Termination of proceedings.
The protected individual, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected individual seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the incapacity of the protected individual or the need for the protective arrangement has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected individual or to successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
Prior Codifications
1981 Ed., § 21-2075.
Editor's Notes
Uniform Law: This section is based upon § 2-329 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
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 › § 21–2076. Payment of debt and delivery of property to foreign conservator without local proceedings

§ 21–2076. Payment of debt and delivery of property to foreign conservator without local proceedings.
(a) Any person indebted to a protected individual or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected individual may pay or deliver it to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state of residence of the protected individual upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected individual is pending in the District; and
(2) That the foreign fiduciary is entitled to payment or to receive delivery.
(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in the District, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(x), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-2076.
Editor's Notes
Uniform Law: This section is based upon § 2-330 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
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 › § 21–2077. Foreign conservator; proof of authority; bond; powers

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

§ 21–2081. Definition. [Repealed]
[Repealed].
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Feb. 23, 2023, D.C. Law 24-236, § 2(b)(2), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2081.
Section References
This section is referenced in § 21-2102.
Cross References
Durable power of attorney, sufficiency under uniform general power of attorney provisions, see § 21-2102.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Durable Power of Attorney Act.
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 VII - Durable Power of Attorney. [Repealed] › § 21–2082. Durable power of attorney not affected by incapacity. [Repealed]

§ 21–2082. Durable power of attorney not affected by incapacity. [Repealed]
[Repealed].
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Feb. 23, 2023, D.C. Law 24-236, § 2(b)(2), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2082.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Durable Power of Attorney Act.
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 VII - Durable Power of Attorney. [Repealed] › § 21–2083. Relation of attorney in fact to court-appointed fiduciary. [Repealed]

§ 21–2083. Relation of attorney in fact to court-appointed fiduciary. [Repealed]
[Repealed].
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Apr. 24, 2007, D.C. Law 16-305, § 35(c)(4), 53 DCR 6198; Feb. 23, 2023, D.C. Law 24-236, § 2(b)(2), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2083.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted “incapacitated and did not have a disability” for “disabled or incapacitated”.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Durable Power of Attorney Act.
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 VII - Durable Power of Attorney. [Repealed] › § 21–2084. Power of attorney not revoked until notice. [Repealed]

§ 21–2084. Power of attorney not revoked until notice. [Repealed]
[Repealed].
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Feb. 23, 2023, D.C. Law 24-236, § 2(b)(2), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2084.
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Durable Power of Attorney Act.
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 VII - Durable Power of Attorney. [Repealed] › § 21–2085. Proof of continuance of durable and other powers of attorney by affidavit. [Repealed]

§ 21–2085. Proof of continuance of durable and other powers of attorney by affidavit. [Repealed]
[Repealed].
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Feb. 23, 2023, D.C. Law 24-236, § 2(b)(2), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2085.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Durable Power of Attorney Act.
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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2091. Right to disclaim interest in property. [Repealed]

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

§ 21–2092. Time of disclaimer; delivery. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 3, 37 DCR 8439; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2092.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 2 of the Uniform Disclaimer of Property Interests Act.
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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2093. Form of disclaimer. [Repealed]

§ 21–2093. Form of disclaimer. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 4, 37 DCR 8439; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2093.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 3 of the Uniform Disclaimer of Property Interests 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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2094. Effect of disclaimer. [Repealed]

§ 21–2094. Effect of disclaimer. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 5, 37 DCR 8439; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2094.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 4 of the Uniform Disclaimer of Property Interests 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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2095. Waiver and bar. [Repealed]

§ 21–2095. Waiver and bar. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 6, 37 DCR 8439; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2095.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 5 of the Uniform Disclaimer of Property Interests 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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2096. Remedy not exclusive. [Repealed]

§ 21–2096. Remedy not exclusive. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 7, 37 DCR 8439; July 25, 1995, D.C. Law 11-30, § 5(b), 42 DCR 1547; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2096.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 6 of the Uniform Disclaimer of Property Interests 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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2097. Application. [Repealed]

§ 21–2097. Application. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 8, 37 DCR 8439; July 25, 1995, D.C. Law 11-30, § 5(c), 42 DCR 1547; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2097.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 7 of the Uniform Disclaimer of Property Interests 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 VIII - Uniform Disclaimer of Property Interests. [Repealed] › § 21–2098. Uniformity of application and construction. [Repealed]

§ 21–2098. Uniformity of application and construction. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 8, 37 DCR 8439; July 25, 1995, D.C. Law 11-30, § 5(d), 42 DCR 1547; Mar. 2, 2007, D.C. Law 16-205, § 3(b), 53 DCR 9063; Mar. 25, 2009, D.C. Law 17-353, § 308, 56 DCR 1117.)
Prior Codifications
1981 Ed., § 21-2098.
Editor's Notes
D.C. Law 17-353, § 308, made a technical correction in the repeal of this section by D.C. Law 16-205, § 3(b).
Uniform Law: This section is based upon § 8 of the Uniform Disclaimer of Property Interests Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2101. Statutory form of power of attorney. [Repealed]

§ 21–2101. Statutory form of power of attorney. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Apr. 12, 2000, D.C. Law 13-91, § 143(b), 47 DCR 520; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2101.
Section References
This section is referenced in § 21-2103.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2102. Durable power of attorney. [Repealed]

§ 21–2102. Durable power of attorney. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Apr. 12, 2000, D.C. Law 13-91, § 143, 47 DCR 520; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2102.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment.
Cross References
Durable power of attorney generally, see § 21-2101 et seq.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2103. Construction of powers generally. [Repealed]

§ 21–2103. Construction of powers generally. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2103.
Section References
This section is referenced in § 21-2117.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2104. Construction of power relating to real property transactions. [Repealed]

§ 21–2104. Construction of power relating to real property transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Apr. 12, 2000, D.C. Law 13-91, § 143, 47 DCR 520; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2104.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2105. Construction of power relating to tangible personal property transactions. [Repealed]

§ 21–2105. Construction of power relating to tangible personal property transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2105.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2106. Construction of power relating to stock and bond transactions. [Repealed]

§ 21–2106. Construction of power relating to stock and bond transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2106.
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2107. Construction of power relating to commodity and option transactions. [Repealed]

§ 21–2107. Construction of power relating to commodity and option transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2107.
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2108. Construction of power relating to banking and other financial institution transactions. [Repealed]

§ 21–2108. Construction of power relating to banking and other financial institution transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2108.
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2109. Construction of power relating to business operating transactions. [Repealed]

§ 21–2109. Construction of power relating to business operating transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2109.
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2110. Construction of power relating to insurance transactions. [Repealed]

§ 21–2110. Construction of power relating to insurance transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2110.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2111. Construction of power relating to estate, trust, and other beneficiary transactions. [Repealed]

§ 21–2111. Construction of power relating to estate, trust, and other beneficiary transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2111.
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2112. Construction of power relating to claims and litigation. [Repealed]

§ 21–2112. Construction of power relating to claims and litigation. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2112.
Editor's Notes
Uniform Law: This section is based upon § 12 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2113. Construction of power relating to personal and family maintenance. [Repealed]

§ 21–2113. Construction of power relating to personal and family maintenance. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Apr. 4, 2006, D.C. Law 16-79, § 7(e), 53 DCR 1035; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2113.
Section References
This section is referenced in § 21-2114.
Effect of Amendments
D.C. Law 16-79, designated the existing text as subsec. (a); in subsec. (a)(1), substituted “principal’s spouse, domestic partner,” for “principal’s spouse,”; and added subsec. (b).
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2114. Construction of power relating to benefits from social security, medicare, medicaid, or other governmental programs, or military service. [Repealed]

§ 21–2114. Construction of power relating to benefits from social security, medicare, medicaid, or other governmental programs, or military service. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2114.
Editor's Notes
Uniform Law: This section is based upon § 14 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2115. Construction of power relating to retirement plan transactions. [Repealed]

§ 21–2115. Construction of power relating to retirement plan transactions. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2115.
Editor's Notes
Uniform Law: This section is based upon § 15 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2116. Construction of power relating to tax matters. [Repealed]

§ 21–2116. Construction of power relating to tax matters. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2116.
References in Text
Internal Revenue Code, § 2032A, referred to in (1), is 26 U.S.C. § 2032A.
Editor's Notes
Uniform Law: This section is based upon § 16 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2117. Existing interests; foreign interests. [Repealed]

§ 21–2117. Existing interests; foreign interests. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2117.
Editor's Notes
Uniform Law: This section is based upon § 17 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 21 - Uniform General Power of Attorney. [Repealed] › § 21–2118. Uniformity of application and construction. [Repealed]

§ 21–2118. Uniformity of application and construction. [Repealed]
[Repealed].
(Sept. 18, 1998, D.C. Law 12-147, § 2, 45 DCR 3853; Apr. 12, 2000, D.C. Law 13-91, § 143, 47 DCR 520; Feb. 23, 2023, D.C. Law 24-236, § 2(c), 69 DCR 14660.)
Prior Codifications
1981 Ed., § 21-2118.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment.
Editor's Notes
Uniform Law: This section is based upon § 18 of the Uniform Statutory Form Power of Attorney Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter I - Durable Power of Attorney › § 21–2201. Purpose

§ 21–2201. Purpose.
The purpose of this subchapter is to affirm the right of all competent adults to control decisions relating to their own health care and to have their rights and intentions in health care matters respected and implemented by others if they become incapable of making or communicating decisions for themselves.
(Mar. 16, 1989, D.C. Law 7-189, § 2, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(b), 40 DCR 6311; Mar. 24, 1998, D.C. Law 12-81, § 14(y), 45 DCR 745; Feb. 27, 2016, D.C. Law 21-72, § 2(c)(1), 63 DCR 208.)
Prior Codifications
1981 Ed., § 21-2201.
Effect of Amendments
The 2016 amendment by D.C. Law 21-72 substituted “subchapter” for “chapter.”
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
As to life sustaining treatment, termination of treatment, due process, termination of nutrition and hydration, clear and convincing evidence standard, and substituted judgment of family members, see Cruzan by Cruzan v. Director, Missouri Dept. of Health, U.S.Mo. 1990, 110 S.Ct. 2841, 497 U.S. 261, 111 L.Ed.2d 224 (1990).
As to equal protection, assisted suicide ban, right to withdraw life-sustaining medical treatment, see Vacco v. Quill, U.S.N.Y. 1997, 117 S.Ct. 2293, 521 U.S. 793, 138 L.Ed.2d 834, concurring opinion 117 S.Ct. 2302, 521 U.S. 702, 138 L.Ed.2d 772 (1990).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter I - Durable Power of Attorney › § 21–2203. Presumption of capacity

§ 21–2203. Presumption of capacity.
An individual shall be presumed capable of making health-care decisions unless certified otherwise under § 21-2204. Mental incapacity to make a health-care decision shall not be inferred from the fact that an individual:
(1) Has been voluntarily or involuntarily hospitalized for mental illness pursuant to § 21-501 et seq.;
(2) Has a diagnosis of an intellectual disability or has been determined by a court to be incompetent to refuse commitment under § 7-1301.01 et seq.; or
(3) Has a conservator or guardian appointed pursuant to § 21-1501 et seq. [repealed] or § 21-2001 et seq.
(Mar. 16, 1989, D.C. Law 7-189, § 4, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(d), 40 DCR 6311; Apr. 24, 2007, D.C. Law 16-305, § 35(d), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 21(i), 59 DCR 5567.)
Prior Codifications
1981 Ed., § 21-2203.
Effect of Amendments
D.C. Law 16-305, in par. (2), substituted “Has a diagnosis of mental retardation” for “Is mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (2).
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter I - Durable Power of Attorney › § 21–2209. Health-care provider limitation

§ 21–2209. Health-care provider limitation.
(a) No health-care provider may require an individual to execute a durable power of attorney for health care as a condition for the provision of health-care services or admission to a health-care facility, as defined in § 44-501.
(b) After an individual has spent at least 48 hours in a health care facility, a health care provider may request the individual to execute a durable power of attorney for health care subject to the limitations set forth in this subchapter. The health care provider may not be named as the attorney in fact.
(Mar. 16, 1989, D.C. Law 7-189, § 10, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(j), 40 DCR 6311; Feb. 27, 2016, D.C. Law 21-72, § 2(c)(5), 63 DCR 208.)
Prior Codifications
1981 Ed., § 21-2209.
Effect of Amendments
The 2016 amendment by D.C. Law 21-72 substituted “subchapter” for “chapter” in (b).
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter I - Durable Power of Attorney › § 21–2211. Limitations

§ 21–2211. Limitations.
No person authorized to act pursuant to § 21-2210 shall have the power:
(1) To consent to an abortion, sterilization or psycho-surgery, unless authorized by a court; or
(2) To consent to convulsive therapy or behavior modification programs involving aversive stimuli, unless authorized by a court.
(Mar. 16, 1989, D.C. Law 7-189, § 12, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(l), 40 DCR 6311.)
Prior Codifications
1981 Ed., § 21-2211.
Section References
This section is referenced in § 7-1231.07.
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter I - Durable Power of Attorney › § 21–2213. Construction

§ 21–2213. Construction.
This subchapter shall be liberally construed and applied to promote its underlying purposes and policies.
(Mar. 16, 1989, D.C. Law 7-189, § 14, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(n), 40 DCR 6311; Feb. 27, 2016, D.C. Law 21-72, § 2(c)(7), 63 DCR 208.)
Prior Codifications
1981 Ed., § 21-2213.
Effect of Amendments
The 2016 amendment by D.C. Law 21-72 substituted “subchapter” for “chapter.”
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 22 - Health-Care Decisions › Subchapter II - MOST Form › § 21–2221.02. Creation of a MOST Form

§ 21–2221.02. Creation of a MOST Form.
(a)(1) Within 9 months after February 27, 2016, DOH shall develop, and make available online, a MOST Form and instructions for health care institutions, health care professionals, and patients and authorized representatives completing and using the MOST Form.
(2) DOH shall evaluate the design and use of a MOST Form, including compliance or non-compliance with a MOST Form by EMS personnel and health care professionals, at least every 3 years.
(b)(1) DOH shall require, and provide for, ongoing training of health care professionals and EMS personnel about best practices regarding the use of a MOST Form.
(2) The training shall include, at a minimum:
(A) The importance of talking to each patient or the patient's authorized representative about the patient's prognosis, the likely course of illness, and personal goals of care;
(B) Methods for presenting choices for care that elicit information concerning each patient's preferences and respecting those preferences without directing patients toward a particular care option;
(C) The importance of fully informing patients about the benefits and risks of an immediately effective MOST Form;
(D) Awareness of factors that may affect the use of a MOST Form, including race, ethnicity, age, gender, socioeconomic position, immigrant status, sexual orientation, language disability, homelessness, mental illness, and geographic area of residence; and
(E) Procedures for properly completing and effectuating a MOST Form.
(Feb. 27, 2016, D.C. Law 21-72, § 2(d), 63 DCR 208.)
Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.
Applicability of D.C. Law 21-72: Section 4 of D.C. Law 21-72 provided (a) that the act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.
Emergency Legislation
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).