*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
For the purposes of this chapter, the term:
(1) "Adult" means a person who is at least 18 years of age.
(2) "Adult in need of protective services" shall have the same meaning as provided in § 7-1901(2).
(3) "Caregiver" shall have the same meaning as provided in § 7-1901(4).
(4) "Covered education agreement" means a supported decision-making agreement that is entered into for the sole purpose of providing supported decision-making related to the supported person's education and:
(A) The Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.); or
(B) Section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).
(5) "Disability" means a physical or mental impairment that substantially limits one or more major life activities of a person.
(6) "Educational records" includes educational records under the Family Educational Rights and Privacy Act of 1974, approved August 21, 1974 (88 Stat. 571; 20 U.S.C. § 1232g).
(6A) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6B) "Electronic presence" means when one or more witnesses are in a different physical location than the signatory but can observe and communicate with the signatory and one another to the same extent as if the witnesses and signatory were physically present with one another.
(7) "Information that is relevant to a life decision" includes medical records, psychological records, financial records, educational records, and treatment records.
(8) "Life decisions" includes decisions related to:
(A) Where and with whom an adult with a disability wants to live;
(B) What services, supports, and medical care the adult with a disability wants to receive; and
(C) Where the adult with a disability wants to work.
(9) "Medical records" includes protected health information under the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936).
(9A) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic medium and is retrievable in perceivable form.
(9B) "Sign" means with present intent to authenticate or adopt a record to:
(A) Execute or adopt a tangible symbol; or
(B) Affix to or associate with the record an electronic signature.
(10) "Relative" means a parent, other ancestor, brother, sister, uncle, aunt, or one who has been lawful custodian of an adult with a disability at some prior time.
(11) "Supported decision-making" means a process of supporting and accommodating an adult with a disability in order to:
(A) Assist the adult with a disability in understanding the options, responsibilities, and consequences of life decisions; and
(B) Enable the adult with a disability to make life decisions, without impeding the self-determination of the adult with a disability or making decisions for the adult with a disability.
(12) "Supported decision-making agreement" means an agreement between a supported person and a supporter entered into pursuant to this chapter.
(13) "Supported person" means an adult with a disability who has entered into a supported decision making-agreement with a supporter.
(14) "Supporter" means an adult who has entered into a supported decision-making agreement with a supported person.
(May 5, 2018, D.C. Law 22-93, § 301, 65 DCR 2823; June 24, 2021, D.C. Law 24-9, § 810(c)(1), 68 DCR 004824.)
Emergency LegislationFor temporary (90 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 810(c)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).