Payment of debt and delivery of property to foreign conservator without local proceedings

1. Law
2. District of Columbia Code
3. Fiduciary Relations and Persons with Mental Illness. [Enacted title]
4. Guardianship, Protective Proceedings, and Durable Power of Attorney
5. Protection of Property of Incapacitated, Disappeared or Detained Individuals
6. Payment of debt and delivery of property to foreign conservator without local proceedings

(a) Any person indebted to a protected individual or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected individual may pay or deliver it to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state of residence of the protected individual upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:

(1) That no protective proceeding relating to the protected individual is pending in the District; and

(2) That the foreign fiduciary is entitled to payment or to receive delivery.

(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in the District, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632; Mar. 24, 1998, D.C. Law 12-81, § 14(x), 45 DCR 745.)

Prior Codifications

1981 Ed., § 21-2076.

Editor's Notes

Uniform Law: This section is based upon § 2-330 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).

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