Code of the District of Columbia

§ 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 [repealed] or § 21-2001 et seq.


(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.)

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).

Applicability

Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.

Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.

Emergency Legislation

For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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.