§ 21–2054. Procedure concerning hearing and order on original petition.

(a) Upon receipt of a petition for appointment of a conservator or other protective order, the court shall set a date for a hearing. Unless the individual to be protected has chosen counsel, the court shall appoint an attorney to represent the individual. Except where the incapacity is alleged to be by disappearance or detention by a foreign power, the court may appoint an appropriately qualified examiner who shall submit a written report to the court. Except where the incapacity is alleged to be by disappearance or detention by a foreign power or someone other than a foreign power, the court may appoint a visitor who shall submit a written report to the court. If an examiner and a visitor are appointed for an individual, the examiner and visitor shall be separate persons.

(b) The court may utilize the services of additional visitors to evaluate the condition of the allegedly incapacitated individual and to make appropriate recommendations to the court.

(c) In the case of an individual whose incapacity is alleged to arise out of an intellectual disability, preference is for the appointment of an examiner and visitor who are qualified developmental disability professionals and who can collectively give a complete social, psychological, and medical evaluation of the individual. When the individual alleged to have an intellectual disability has a current comprehensive evaluation or habilitation plan, the plan shall be presented as evidence to the court. When a plan exists but has not been updated within 6 months prior to the hearing, preference is for an update of the plan as part of the examination conducted by the examiner and visitor.

(d) For other individuals alleged to be incapacitated, any current social, psychological, medical, or other evaluation used for diagnostic purposes or in the development of a current plan of treatment, or any current plan of treatment shall be presented as evidence to the court.

(e) An individual alleged to be incapacitated shall be present at the hearing unless good cause is shown for the absence. The individual shall be represented by counsel and is entitled to present evidence and cross-examine witnesses, including any court-appointed examiner or visitor. The hearing may be closed if the individual alleged to be incapacitated or counsel for the individual so requests.

(f) Any person may apply for permission to participate in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the individual to be protected will be served. The court may attach appropriate conditions to the permission.

(g) After the hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Sept. 22, 1989, D.C. Law 8-34, § 2(i), 36 DCR 5035; Feb. 22, 1990, D.C. Law 8-63, § 2, 36 DCR 7718; May 15, 1990, D.C. Law 8-123, § 2, 37 DCR 2085; Apr. 24, 2007, D.C. Law 16-305, § 35(c)(3), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 21(h)(4), 59 DCR 5567.)

Prior Codifications

1981 Ed., § 21-2054.

Effect of Amendments

D.C. Law 16-305, in subsec. (c), substituted “individual alleged to have mental retardation” for “alleged mentally retarded individual”.

The 2012 amendment by D.C. Law 19-169, in (c), substituted “an intellectual disability” for “mental retardation” in the first and second sentences and substituted “qualified developmental disability professional” for “qualified mental retardation professional” in the first sentence.

Editor's Notes

Uniform Law: This section is based upon § 2-306 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.