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

In a statutory power of attorney the language granting power with respect to insurance and annuity transactions empowers the agent to: (1) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on behalf of the principal which…

In a statutory power of attorney the language granting power with respect to estate, trust, and other beneficiary transactions empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or …

In a statutory power of attorney the language with respect to claims and litigation empowers the agent to: (1) Assert and prosecute before a court or administrative agency a claim, a cause of action, counterclaim, offset, and defend against an individual, a legal entity, or gover…

(a) In a statutory power of attorney the language granting power with respect to personal and family maintenance empowers the agent to: (1) Do the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, domestic partner, children, and…

In a statutory power of attorney the language granting power with respect to benefits from social security, medicare, medicaid or other governmental programs, or civil or military service empowers the agent to: (1) Execute vouchers in the name of the principal for allowances and …

In a statutory power of attorney the language granting power with respect to retirement plan transactions empowers the agent to: (1) Select payment options under any retirement plan in which the principal participates, including plans for self-employed individuals; (2) Designate …

In a statutory power of attorney the language granting power with respect to tax matters empowers the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act returns, and other tax returns, claims for ref…

The powers described in sections 21-2103 through 21-2116 are exercisable equally with respect to an interest the principal has when the power of attorney is executed or acquires later, whether or not the property is located in the District of Columbia, and whether or not the powe…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

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 communicat…

For the purposes of this subchapter, the term: (1) “Attorney in fact” means the person who receives the power of attorney for health-care decisions pursuant to the provisions of this subchapter. (1A) “Close friend” means any adult who has exhibited significant care and concern fo…

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 …

(a) Mental incapacity to make a health-care decision shall be certified by 2 professionals who are licensed to practice in the District and qualified to make a determination of mental incapacity. One of the 2 certifying professionals shall be a physician and one shall be a qualif…

(a) A competent adult may designate, in writing, an individual who shall be empowered to make health-care decisions on behalf of the competent adult, if the competent adult becomes incapable, by reason of mental disability, of making or communicating a choice regarding a particul…

(a) Subject to any express limitations in the durable power of attorney for health care, an attorney in fact shall have all the rights, powers and authority related to health-care decisions that the principal would have under District and federal law. This authority shall include…

Any written form meeting the requirements of § 21-2205 may be used to create a durable power of attorney for health care. The following is offered as a sample form only and its inclusion in this section shall not be construed to preclude the use of alternative language: INFORMATI…

(a) At any time that the principal has the capacity to create a durable power of attorney for health care, the principal may: (1) Revoke the appointment of the attorney in fact under a durable power of attorney for health care by notifying the attorney in fact orally or in writin…

(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 hour…

(a) In the absence of a durable power of attorney for health care and provided that the incapacity of the principal has been certified in accordance with § 21-2204, the following individuals, in the order of priority set forth below, shall be authorized to grant, refuse or withdr…

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 autho…

(a) Nothing in this subchapter shall be construed to condone, authorize, or approve mercy-killing or to permit any affirmative or deliberate act to end a human life other than to permit the natural dying process. (b) Nothing in this subchapter shall be construed to conflict with …

This subchapter shall be liberally construed and applied to promote its underlying purposes and policies.

(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…