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: Has been voluntarily or involuntarily hospitalized for mental illness pursuant to § 21-501 et seq.; 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 Has a conservator or guardian appointed pursuant to § 21-1501 et seq. [repealed] or § 21-2001 et seq.
Annotations
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 Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (2). D.C. Law 16-305, in par. (2), substituted “Has a diagnosis of mental retardation” for “Is mentally retarded”. 1981 Ed., § 21-2203.
Sourced from the DC Council Open Law Library (public domain).
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