Code of the District of Columbia

§ 21–2068. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

Any sale or encumbrance to a conservator, the spouse, domestic partner, agent, attorney of a conservator, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator that is affected by a substantial conflict between fiduciary and personal interests is voidable, unless the transaction is approved by the court after a hearing as directed. Notice of the hearing shall be in the form and manner as prescribed in sections 21-2042(c) and 21-2031(b) and shall be served on the following individuals:

(1) The incapacitated individual;

(2) The attorney of record for each party;

(3) The individual most closely related to the subject of the intervention proceeding by blood, marriage, or domestic partnership, unless that individual’s name or whereabouts is unknown and cannot be reasonably ascertained;

(4) The individual or facility, if any, having custody of the subject of the intervention proceeding;

(5) The individual, if any, proposed for appointment by will as a guardian; and

(6) The individual, if any, appointed or proposed for appointment as guardian ad litem.

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Apr. 4, 2006, D.C. Law 16-79, § 7(d), 53 DCR 1035.)

Prior Codifications

1981 Ed., § 21-2068.

Effect of Amendments

D.C. Law 16-79, in the lead-in language, substituted “the spouse, domestic partner,” for “the spouse,”; and in par. (3), substituted “blood, marriage, or domestic partnership” for “blood or marriage”.

Editor's Notes

Uniform Law: This section is based upon § 2-321 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).