D.C. Code § 21-2203: Presumption of capacity.
Where this section sits in the code
- Title 21. Fiduciary Relations and Persons with Mental Illness. [Enacted title]
- Chapter 22. Health-Care Decisions.
- Subchapter 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 [repealed] or § 21-2001 et seq.
Collected 2026-08-29T05:44:07Z. Source file · JSON