District of Columbia § 21-2203 Presumption of capacity.

District of Columbia Statutes

§ 21-2203 — Presumption of capacity.

District of Columbia § 21-2203

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

Ch. 22Health-Care Decisions.

Subch. IDurable Power of Attorney

This text of District of Columbia § 21-2203 (Presumption of capacity.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 21-2203 (2026).

Text

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 [repealed] or § 21-2001 et seq.

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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 [repealed] or § 21-2001 et seq.

Legislative History

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