Title 21, Fiduciary Relations and Persons with Mental Illness. [Enacted title]

(a) Subject to subsection (b) of this section, the provisions of sections 21-546 to 21-551, subchapter V of this chapter and sections 21-585 and 21-588 apply to a person, who, on or after January 1, 1966, is a patient in a hospital in the District of Columbia by reason of having …

(a) The commitment of a person committed under section 21-545 for an indeterminate period of time shall expire 548 days after December 10, 2004, unless the chief clinical officer of the Department, facility, hospital, or mental health provider has petitioned for recommitment of t…

Whoever: (1) without probable cause for believing a person to be mentally ill: (A) causes or conspires with or assists another person to cause the hospitalization, under this chapter, of the person first referred to; or (B) executes a petition, application, or certificate pursuan…

When a person has been ordered confined in a hospital or institution for the mentally ill pursuant to this chapter and has left such hospital or institution without authorization or has failed to return as directed, the court which ordered confinement shall, upon the request of t…

As used in this chapter, “mental illness” has the same meaning as that given to the term by section 21-501 .

(a) A United States commissioner specially designated by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland may commit to Saint Elizabeths Hospital, for observation and diagnosis, a person foun…

(a) An officer or employee of the United States authorized to make arrests, and a guard or watchman employed by the United States, may apprehend and detain a person whom he believes to be a person with mental illness and found in a place specified by section 21-902, and, except a…

A person in a place specified by section 21-902 may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent of the hospital for a period not exceeding 30 days. If, after admission to Saint Eliza…

The Superintendent of Saint Elizabeths Hospital shall receive for observation and diagnosis a person apprehended or committed as provided by sections 21-902 and 21-903 for the periods therein prescribed, unless the person is sooner discharged or returned to his home or to the Sta…

(a) The Superintendent of Saint Elizabeths Hospital shall promptly examine a person committed as provided by sections 21-902 and 21-903, and, if not found to have a mental illness, shall forthwith discharge him, or, if found to have a mental illness, shall return him to the State…

A person belonging to the armed forces arrested, apprehended, detained, or committed pursuant to this chapter shall, upon the request of the head of the department having jurisdiction over the service to which he belongs, be transferred forthwith to the custody of his service.

(a) If a person adjudicated to be a person with mental illness under this chapter is entitled to care and treatment in a Veterans’ Administration facility, the United States District Court for the District of Columbia may commit him to the custody of the Administrator of Veterans…

The Superintendent of Saint Elizabeths Hospital may arrange for and pay the expenses of the transfer of a person committed to his custody pursuant to this chapter or admitted to the hospital pursuant to section 21-904 to his relatives or to a hospital in the State of his residenc…

When a child is brought before the Family Division of the Superior Court upon allegations that he is delinquent, neglected, or in need of supervision, and it appears to the court, on the testimony of a physician or psychologist or other evidence, that the child has at least a mod…

(a) On the conviction by a court of record of competent jurisdiction of a person of an offense, or of a violation of an ordinance which is in whole or in part a violation of a statute of the District of Columbia, the court when satisfied on the testimony of a physician or a psych…

For the purposes of this chapter, the term: (1) “Administer” means: (A) The direct application of medication to the human body whether by ingestion, inhalation, insertion, or topical means; or (B) An injection of epipen or equivalent ejection system for emergency purposes only. (…

A program participant may self-administer medication provided that: (1) The program participant has been assessed by a registered nurse to have the ability to self-administer medication; (2) The self-administration of medication is monitored; and (3) The program participant’s sel…

(a) Notwithstanding any other law, rule, or regulation, a program employee who has been trained in accordance with § 21-1205(b) may administer prescription or nonprescription medication to a program participant in compliance with the signed, written instructions of a licensed pra…

(a) The written instructions of the licensed practitioner shall state the name of the program participant who is to receive medication, the name of the medication, name and telephone number of the licensed practitioner, the time of administration, dosage, method of administration…

(a) Within 90 days of the effective date of this chapter, the Mayor shall issue proposed rules and regulations to implement this chapter. The rules and regulations issued shall include procedures for: (1) Obtaining and filing written instructions and notification required by this…

The Mayor is authorized to charge a registration fee to applicants certified as a trained medication employee.

(a) In this chapter unless the context otherwise requires: “bank” includes a person or association of persons, whether incorporated or not, carrying on the business of banking; “fiduciary” includes a trustee under a trust, express, implied, resulting or constructive, executor, ad…

A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of…

If a negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if a negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of his principal, the indorsee is not bo…

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation…

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the f…

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which the deposit is entered, without being liable to the principal, unless th…

If a check is drawn upon a bank account of his principal by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay the checks without being liable to the principal, unless the bank pays the check with actual knowledge that the fidu…

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)…

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 i…

This chapter does not apply to transactions that took place prior to May 14, 1928.

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.

This subchapter may be cited as the “Uniform Fiduciaries Act”.

(a) For purposes of this section, the term: (1) “Adverse party” shall have the same meaning as construed under § 672 of the Internal Revenue Code and the regulations promulgated thereunder. (2) “Ascertainable standard relating to the trustee’s health, education, support, and main…

(a) Notwithstanding any provision to the contrary in the governing instrument or under any law applicable to the District of Columbia (except as provided in subsection (e) of this section), the governing instrument of any trust which is treated during a particular year as a priva…

(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 i…

(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. (b) Nothing in this chapter shall operate to repeal, alter, or amend the rights of an individual who is the subject of a petition for civil commitment in…

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 e…

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 o…

For the purposes of this chapter, the term: (1) “Best interests” means promoting personal well-being by assessing: (A) The reason for the proposed action, its risks and benefits, and any alternatives considered and rejected; and (B) The least intrusive, least restrictive, and mos…

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-domiciliar…

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.

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 t…

(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 …

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.

(a) At any point in a proceeding, a court may appoint a guardian ad litem to prosecute or defend the best interests of individuals in any legal proceeding if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of …