§ 21-2002 — Supplementary general principles of law applicable.

District of Columbia § 21-2002

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 20: Guardianship, Protective Proceedings, and Durable Power of Attorney.
• Subch. I: General Provisions.

Text

(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 any proceeding under Chapter 5 of Title 21 , or the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978, effective November 8, 1978 ( D.C. Law 2-137 ; D.C. Official Code, § 7-1301.01 et seq.).

(c) Nothing in this chapter shall affect any guardian or conservator appointed by the court upon a petition filed prior to the effective date of this chapter.

(d) An individual shall be presumed competent and to have the capacity to make legal, health-care, and all other decisions for himself or herself, unless certified otherwise under section 21-2204 or deemed incapacitated or incompetent by a court. Incapacity shall not be inferred from the fact that an individual:

(1) Has been voluntarily or involuntarily hospitalized for mental illness pursuant to Chapter 5 of Title 21 ; or

(2) Has an intellectual disability or has been determined by a court to be incompetent to refuse commitment under Chapter 13 of Title 7 .

Legislative History

Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Sept. 22, 1989, D.C. Law 8-34, § 2(b), 36 DCR 5035; Oct. 22, 2008, D.C. Law 17-249, § 2(a), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 21(h)(1), 59 DCR 5567