This chapter may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 17-270, the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act of 2008", was introduced in Council and assigned Bill No. 17- 585 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on September 30, 2008, it was assigned Act No. 17-523 and transmitted to both Houses of Congress for its review. D.C. Law 17-270 became effective on November 25, 2008.
Uniform Law
This section is based upon § 101 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
For the purposes of this chapter, the term:
(1) "Adult" means an individual who has attained 18 years of age.
(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under §§ 21-2001 to 21-2077.
(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under §§ 21- 2001 to 21-2077.
(4) "Guardianship order" means an order appointing a guardian.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(6) "Incapacitated person" means an adult for whom a guardian has been appointed.
(7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(8) "Person," except in the term "incapacitated person" or "protected person", means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(15) "Superior Court" means the Superior Court of the District of Columbia.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 102 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
The Superior Court may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters II, III, and V [of this chapter].
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 103 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) The Superior Court may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 104 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) In a guardianship or protective proceeding in the District of Columbia, the Superior Court may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the Superior Court a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R.§ 164.504.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Superior Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 105 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the District of Columbia for testimony taken in another state. The Superior Court, on its own motion, may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, the Superior Court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Superior Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to the Superior Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
(Nov. 25, 2008, D.C. Law 17-270, § 2(b), 55 DCR 11018.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-270, see notes following § 21-2401.01.
Uniform Law
This section is based upon § 106 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. See Vol. 8A, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
