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 mental retardation 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. or § 21-2001 et seq.
CREDIT(S)
(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.)
HISTORICAL AND STATUTORY NOTES
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”.
Legislative History of Laws
For legislative history of D.C. Law 7-189, see Historical and Statutory Notes following § 21-2201.
For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 21-2201.
For Law 16-305, see notes following § 21-501.