2021 District of Columbia Code
Title 42 - Real Property
Chapter 8 - Mortgages and Deeds of Trust
§ 42–820. Conveyance by and for individuals with mental disabilities following court order

It shall and may be lawful to and for any person or persons with an intellectual disability or mental illness or non compos mentis, or for the committee or committees of such person or persons, in his, her, or their name or names, by the direction of the chancellor, signified by an order made, upon hearing all parties concerned, on the petition of the person or persons, for whom such person or persons with an intellectual disability or mental illness or non compos mentis, shall be seized or possessed in trust, or of the mortgagor or mortgagors, or of the person or persons entitled to the monies secured by or upon any lands, tenements, or hereditaments, whereof any such person or persons with an intellectual disability or mental illness or non compos mentis, is or are, or shall be seized or possessed by way of mortgage, or of the person or persons entitled to the redemption thereof, to convey and assure any such lands, tenements, or hereditaments, in such manner as the chancellor shall, by such order so to be obtained, direct, to any other person or persons; and such conveyance or assurance, so to be had and made as aforesaid, shall be as good and effectual in law, to all intents and purposes whatsoever, as if the said person or persons with an intellectual disability or mental illness or non compos mentis, was or were, at the time of the making such conveyance or assurance, of sane mind, memory, and understanding, and without an intellectual disability or mental illness or non compos mentis, or had by him, her, or themselves executed the same. All and every person and persons with an intellectual disability or mental illness or non compos mentis, and only trustee or trustees, mortgagee or mortgagees, as aforesaid, or the committee and committees of all and every such person and persons with an intellectual disability or mental illness or non compos mentis, and only such trustee or mortgagee as aforesaid, shall and may be empowered and compelled, by such order so as aforesaid to be obtained, to make such conveyance or conveyances, assurance or assurances, as aforesaid, in like manner as trustees or mortgagees of sane memory are compellable to convey, surrender, or assign their trust estates or mortgages.

(4 Geo. 2, ch. 10, §§ 1, 2, 1731; Kilty’s Rep. 249; Alex. Br. Stat. 700; Comp. Stat. D.C., p. 78, § 11; Apr. 3, 2001, D.C. Law 13-263, § 1601, 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(b), 49 DCR 2551; Apr. 24, 2007, D.C. Law 16-305, § 58, 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 26(a), 59 DCR 5567.)

1981 Ed., § 45-720.

1973 Ed., § 45-620.

D.C. Law 14-132 revived this section as of November 6, 2001. This section had been previously repealed by D.C. Law 13-263, § 1601.

D.C. Law 16-305, in the section heading, substituted “individuals with mental disabilities” for “mentally handicapped”; substituted “persons with mental retardation or mental illness or non compos mentis” for “persons being idiot, lunatic, or non compos mentis” and substituted “without mental retardation or mental illness or non compos mentis” for “not idiot, lunatic, or non compos mentis”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in the section.

Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002.

For temporary (90 day) revival of section, see § 403(b) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).

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