2013 District of Columbia Code
Division III — DECEDENTS' ESTATES AND FIDUCIARY RELATIONS
Title 21 — FIDUCIARY RELATIONS AND PERSONS WITH MENTAL ILLNESS
Chapter 22 — HEALTH-CARE DECISIONS
Section 21-2203 — Presumption of capacity.

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 [repealed] or § 21-2001 et seq.

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.)

Annotations
Prior Codifications. 1981 Ed., § 21-2203.

Effect of Amendments. D.C. Law 16-305, in par. (2), substituted "Has a diagnosis of mental retardation" for "Is mentally retarded".
The 2012 amendment by D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation" in (2).

Legislative History of Law 7-189. For legislative history of D.C. Law 7-189, see Historical and Statutory Notes following § 21-2201.

Legislative History of Law 10-68. For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 21-2201.

Legislative History of Law 16-305. For Law 16-305, see notes following § 21-501.

Legislative History of Law 19-169. Law 19-169, the "People First Respectful Language Modernization Amendment Act of 2012," was introduced in Council and assigned Bill No. 19-189. The Bill was adopted on first and second readings on Mar. 6, 2012, and Apr. 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-361 and transmitted to Congress for its review. D.C. Law 19-169 became effective on Sept. 26, 2012.

Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.