Statutes, codes, and regulations
District of Columbia Official Code
Division III - DECEDENTS' ESTATES AND FIDUCIARY RELATIONSTitle 21 - FIDUCIARY RELATIONS AND PERSONS WITH MENTAL ILLNESSChapter 22 - HEALTH-CARE DECISIONS
Subchapter I - DURABLE POWER OF ATTORNEY.
Section 21-2203 - Presumption of capacity

D.C. Code § 21-2203

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Current through codified legislation effective April 10, 2024
Section 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 [repealed] or § 21-2001 et seq.

D.C. Code § 21-2203

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.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

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Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72.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.