§ 21-2046 — Temporary guardians.

District of Columbia § 21-2046

• 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. V: Guardians of Incapacitated Individuals.

Text

(a) Temporary guardians are guardians appointed for a finite period of time. Temporary guardians include emergency guardians, health-care guardians, and provisional guardians. All provisions of this chapter apply to temporary guardians unless otherwise specified.

(1) The court, on appropriate petition, may appoint an emergency guardian, whose authority may not extend beyond 21 days, if:

(A) An incapacitated individual has no guardian;

(B) A life-threatening situation or situation involving emergency care exists; and

(C) There is no other person with authority to act who is reasonably available, mentally capable, and willing to act.

(2) An emergency guardian appointed pursuant to this subsection may exercise those powers granted in the order.

(3) Immediately upon receipt of the petition, the court shall appoint counsel for the individual alleged to be incapacitated and provide notice to the individual alleged to be incapacitated and to interested persons, pursuant to section 21-2042.

(4) The individual alleged to be incapacitated, counsel for that individual, or any other interested person may request a hearing at any time within the period of the emergency guardianship. The hearing shall be held no later than 48 hours after the request.

(5) The court may extend the authority of an emergency guardian appointed pursuant to this subsection to authorize the emergency guardian to serve as a health-care guardian consistent with subsection (c) of this section.

(1) The court, on appropriate petition, may appoint a health-care guardian for the individual alleged to be incapacitated for a specified period of time of up to 90 days if:

(A) An individual has been determined to be incapacitated under section 21-2204;

(B) The individual has no guardian; and

(C) There is no other person with authority to act who is reasonably available, mentally capable, and willing to act.

(2) The health-care guardian shall have the powers and duties set forth at section 21-2047.02(b).

(3) An appropriate petition shall include the certification of incapacity made pursuant to section 21-2204. Immediately upon receipt of the petition, counsel shall be appointed for the individual alleged to be incapacitated, and notice provided to the individual alleged to be incapacitated and to interested persons, pursuant to section 21-2042. The hearing shall be held within 7 days of receipt of the petition.

(4) The court may extend the authority of a health-care guardian for one additional period of up to 90 days:

(A) Upon determination of continued incapacity and determination of a continued need for the provision of substituted consent for any health-care service, treatment, or procedure pursuant to section 21-2210; or

(B) If a petition for a permanent limited guardian or general guardian, pursuant to section 21-2041, has been filed with the court prior to the expiration of the appointment of the temporary guardian.

(d) If the court finds that any appointed guardian is not effectively performing duties and that the welfare of the ward requires immediate action, it may appoint a provisional guardian, with notice to interested parties within 14 days after the appointment. The provisional guardian shall have the powers set forth in the previous order of appointment for a specified period not to exceed 6 months. The authority of any permanent guardian previously appointed by the court is suspended as long as a provisional guardian has authority.

Legislative History

Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Oct. 22, 2008, D.C. Law 17-249, § 2(f), 55 DCR 9206