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District of Columbia Official Code 2001 Edition. |
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Division III. Decedents' Estates and Fiduciary Relations. |
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Title 21. Fiduciary Relations and Persons with Mental Illness. |
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Chapter 20. Guardianship, Protective Proceedings, and Durable Power of Attorney. |
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Subchapter IV. Notice, Parties, and Representation in Guardianship and Protective Proceedings.
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Current through October 23, 2012
(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to the person to be notified or to the attorney, if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
(1) By mailing a copy of the notice at least 17 days before the time set for the hearing by certified or ordinary first-class mail, addressed to the person being notified, using the post office address given in the request for notice, if any, or to the person's office or place of residence, if known;
(2) By personally delivering a copy to the person being notified at least 14 days before the time set for the hearing; or
(3) In the case of an individual who has disappeared, has been detained by a foreign power, or is being held by someone other than a foreign power, by publishing, at least once a week for 3 consecutive weeks, a copy of the notice in a newspaper of general circulation in the District, the first publication of which is at least 40 days before the date set for the hearing.
(c) The court, for good cause shown, may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made by affidavit not later than the date of the hearing specified in the proceeding.
(e) The contents of the notice required in any proceeding under this chapter shall be as prescribed by court rule. Each notice shall explain the purposes, procedure, and significance of the pleading or hearing that the notice concerns, as well as the rights to which the parties are entitled.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Sept. 22, 1989, D.C. Law 8-34, § 2(e), 36 DCR 5035.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-2031.
Legislative History of Laws
For legislative history of D.C. Law 6-204, see Historical and Statutory Notes following § 21-2001.
For legislative history of D.C. Law 8-34, see Historical and Statutory Notes following § 21-2002.
Uniform Law
This section is based upon § 1-401 of the Uniform Guardianship and Protective Proceedings Act (1982 Act). See 8A Uniform Laws Annotated, Master Edition, or ULA Database on WESTLAW.
