§ 21-2068 — Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

District of Columbia § 21-2068

• 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. VI: Protection of Property of Incapacitated, Disappeared or Detained Individuals.

Text

Any sale or encumbrance to a conservator, the spouse, domestic partner, agent, attorney of a conservator, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator that is affected by a substantial conflict between fiduciary and personal interests is voidable, unless the transaction is approved by the court after a hearing as directed. Notice of the hearing shall be in the form and manner as prescribed in sections 21-2042(c) and 21-2031(b) and shall be served on the following individuals:

(1) The incapacitated individual;

(2) The attorney of record for each party;

(3) The individual most closely related to the subject of the intervention proceeding by blood, marriage, or domestic partnership, unless that individual’s name or whereabouts is unknown and cannot be reasonably ascertained;

(4) The individual or facility, if any, having custody of the subject of the intervention proceeding;

(5) The individual, if any, proposed for appointment by will as a guardian; and

(6) The individual, if any, appointed or proposed for appointment as guardian ad litem.

Legislative History

Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Apr. 4, 2006, D.C. Law 16-79, § 7(d), 53 DCR 1035