For the purposes of this chapter, the term:
- "Alternate standby guardian" means a person with all the rights, responsibilities, and qualifications of a standby guardian who acts as the standby guardian if the current or originally designated standby guardian repudiates the designation, becomes incapacitated, or dies.
- "Attending clinician" means a licensed physician or licensed nurse practitioner who:
- Has primary responsibility for the treatment and care of a designator;
- Shares the responsibility for the treatment and care of a designator, or is acting on behalf of the licensed physician or licensed nurse practitioner who has primary responsibility for the treatment and care of the designator; or
- Is familiar with the designator's medical condition in cases where no licensed physician or licensed nurse practitioner has the responsibility for the treatment and care of a designator.
- "Child" means a person under 18 years of age.
- "Consent" means a written authorization signed by the designator.
- "Court" means the Domestic Relations Branch of the Family Division of the Superior Court of the District of Columbia.
- "Debilitation" means those periods when a person cannot care for that person's minor child as a result of a chronic condition caused by physical illness, disease, or injury from which, to a reasonable degree of probability, the designator may not recover.
- "Designation" means the written naming of a standby guardian by the designator.
- "Designator" means a custodial parent, including a person other than a parent who has physical custody of a child and who has been awarded legal custody or guardianship by a court, who has been diagnosed, in writing, by a licensed clinician to suffer from a chronic condition caused by injury, disease, or illness from which, to a reasonable degree of probability, the designator may not recover.
- "Determination of incapacity" means a written determination made by the attending clinician that, to a reasonable degree of certainty, a designator is chronically and substantially unable to understand the nature and consequences of decisions concerning the care of a minor child as a result of a mental or organic impairment and is consequently unable to care for the minor child.
- "Incapacity" means a chronic and substantial inability, as a result of a mental or organic impairment, to understand the nature and consequences of decisions concerning the care of a minor child, and a consequent inability to care for the minor child.
- "Parent" means the biological parent or adoptive mother or father of a child.
- "Standby guardian" means a person named by the designator to assume the duties of a legal custodian of a child upon the occurrence of a triggering event.
- "Triggering event" means any of the following 3 events:
- The designator's debilitation, with the designator's written acknowledgement of debilitation and consent to commencement of the standby guardianship;
- The designator's incapacity as determined by an attending clinician; or
- The designator's death.
Historical and Statutory
Legislative History of Laws
For Law 14-152, see notes following § 16-4801.
DC CODE § 16-4802
Current through December 11, 2012
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248.)