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

(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 evalua…

(a)(1) DOH shall establish the MOST Advisory Committee. (2) DOH shall appoint the 11 members of the MOST Advisory Committee. Except as provided in paragraph (3) of this subsection, members of the advisory committee shall be appointed for terms of 6 years. (3) Of the members initi…

(a) The MOST Form shall be designed to provide the following information regarding the patient's care and medical condition: (1) The orders of an authorized health care professional regarding cardiopulmonary resuscitation and level of medical intervention in accordance with the c…

(a) A patient shall be given the option to complete a MOST Form, but no patient shall be required to complete or execute a MOST Form. (b)(1) Only an authorized health care professional treating a patient may complete a MOST Form for that patient. (2) The authorized health care pr…

(a) A patient or the patient's authorized representative may revoke a MOST Form at any time by: (1) Directing the authorized health care professional who issued the MOST Form to cancel the MOST Form; or (2) Communicating the patient's or the patient's authorized representative's …

(a)(1) If an EMS personnel or health care professional encounters a person who is in possession of a MOST Form, the EMS personnel or health care professional shall determine whether the person is the subject of the MOST Form and whether the MOST Form has been revoked. (2) If ther…

Regardless of the treatment orders on the MOST Form, EMS personnel and other health care professionals may provide the following interventions, as needed, to a patient for comfort or to alleviate pain: (a)(1) Clear the airway, without the use of artificial ventilation, esophageal…

EMS personnel and other health care professionals shall recognize a MOST Form or similar instrument executed in another state as if the instrument were executed in accordance with the laws of that state.

If a patient has a durable power of attorney for health care under subchapter I [of the chapter], or a comparable statute in any other jurisdiction, or another legal document with a substantially equivalent purpose to a durable power of attorney or a MOST Form, the most recent do…

This subchapter shall not be construed to create a private right of action, including a private right of action based on the failure [to] act in accordance with a MOST Form if the failure to act is based solely on religious beliefs.

(a) A person who, without authorization by the patient or the patient's authorized representative, willfully alters, forges, conceals, or destroys a MOST Form, an amendment or revocation of a MOST Form, or any other evidence or document reflecting the patient's desires and intere…

(a) The execution of a MOST Form shall not alter an insurance policy or annuity contract, unless the insurance policy or contract states otherwise. (b) Adherence to the medical orders in a MOST form shall not constitute suicide or assisted suicide. (c) The execution of a MOST for…

(a) To facilitate the use of cloud-based technology for electronic Medical Orders for Scope of Treatment ("MOST") Forms, the DOH shall issue a request for proposals from and contract with an electronic MOST service or multiple electronic MOST services to connect with health care …

The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], shall issue rules to implement the provisions of this subchapter.

For the purposes of this subchapter, the term: (1) "After-care" means any type of assistance that is not regulated under Chapter 12 of Title 3, or similar law, and that is provided by a lay caregiver to a patient after the patient's discharge and is limited to the patient's condi…

(a) A hospital shall provide each patient or authorized representative an opportunity to designate a lay caregiver as soon as practicable following the patient's inpatient admission into a hospital and before the patient's discharge. (b)(1) If the patient or authorized representa…

(a) As soon as practicable before the patient's discharge, the hospital shall: (1) Consult with the lay caregiver and the patient or authorized representative regarding the lay caregiver's capabilities and limitations; (2) Provide a copy of the discharge plan to the lay caregiver…

(a) Nothing in this subchapter shall be construed to delay the discharge of a patient or the transfer of a patient from a hospital to another facility, including the inability of the hospital to contact a designated lay caregiver; (b) Nothing in this subchapter shall be construed…

The Mayor, pursuant to subchapter 1 of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.

(a) The parent of a child may create a revocable custodial power of attorney that grants to another person any of the parent’s rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to: (1) Enroll the child in school; (2)…

This chapter may be cited as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”.

For the purposes of this chapter, the term: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult, including a person appointed under §§ 21-2001 to 21-2077. (3) “Guardian” m…

The Superior Court may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters II, III, and V [of this chapter].

(a) The Superior Court may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a rec…

(a) In a guardianship or protective proceeding in the District of Columbia, the Superior Court may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pu…

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the District of Columbia for testimony taken in another state. Th…

(a) For the purposes of this subchapter, the term: (1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is …

This subchapter provides the exclusive jurisdictional basis for the Superior Court to appoint a guardian or issue a protective order for an adult.

The Superior Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) The District of Columbia is the respondent’s home state; (2) On the date the petition is filed, the District of Columbia is a significant-connection state and: (A) The r…

(a) Even if the Superior Court lacks jurisdiction under § 21-2402.03, the court has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the District of Columbia; (2)…

Except as otherwise provided in § 21-2402.04, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by i…

(a) Even if the Superior Court has jurisdiction under § 21-2402.03 to appoint a guardian or issue a protective order, the court may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If the Superior Cou…

(a) If at any time the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning …

If a petition for the appointment of a guardian or issuance of a protective order is brought in the District of Columbia and the District was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of the District,…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the District of Columbia under § 21-2402.04(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is …

(a) A guardian or conservator appointed in the District of Columbia may petition the Superior Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled…

(a) To confirm transfer of a guardianship or conservatorship transferred to the District of Columbia under provisions similar to § 21-2403.01, the guardian or conservator shall petition the Superior Court to accept the guardianship or conservatorship. The petition shall include a…

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the District of Columbia, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardia…

If a conservator has been appointed in another state and a petition for a protective order is not pending in the District of Columbia, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective o…

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the District of Columbia all powers authorized in the order of appointment except as prohibited under the laws of the District, including maintaining action…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ) or authorize e…

(a) This chapter applies to guardianship and protective proceedings begun on or after [November 25, 2008]. (b) Subchapters I, III, and IV [of this chapter] and §§ 21-2405.01 and 21-2405.02 apply to proceedings begun before [November 25, 2008], regardless of whether a guardianship…

This chapter may be cited as the "Uniform Fiduciary Access to Digital Assets Act of 2020".

(a) For the purposes of this chapter, the term: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means a…

(a) This chapter applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after [March 16, 2021]; (2) A personal representative acting for a decedent who died before, on, or after [March 16, 2021]; (3) A conservatorship proceeding commenced bef…