District of Columbia § 21-2203 Presumption of capacity.

District of Columbia Statutes

§ 21-2203 — Presumption of capacity.

District of Columbia·Title 21 Fiduciary Relations and Persons with Mental Illness. [Enacted title]·Ch. 22 Health-Care Decisions.·Subch. I Durable Power of Attorney

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 [repealed] or § 21-2001 et seq.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 [repealed] or § 21-2001 et seq.

District of Columbia § 21-2203 (Presumption of capacity.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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