District of Columbia Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in District of Columbia who cannot decide: an agent, a guardian, or District of Columbia's default surrogate order. Runs in your browser; nothing is stored.

District of Columbia law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in District of Columbia

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

District of Columbia's default surrogate order

  1. Court-appointed guardian or conservator (If the decision is within the scope of the appointment)
  2. Court-appointed intellectual disability advocate (If within the scope of the appointment)
  3. Spouse or domestic partner
  4. An adult child
  5. A parent
  6. An adult sibling
  7. A religious superior (If the patient is a member of a religious order or a diocesan priest)
  8. A close friend (Not a treating provider or its owner, operator, administrator or employee)
  9. The nearest living relative
What it covers
Listed persons may consent to, refuse or withdraw consent for any health care service, treatment or procedure once incapacity is certified.
If more than one person is in the same group
The order is a presumption: a lower-priority person who better knows the patient's wishes can rebut it, and anyone on the list may challenge a higher-priority person's decision in Superior Court.
If nobody on the list is available
If no one on the list is available and able, the provider, the District (for certain committed persons) or any interested person may petition Superior Court to appoint a guardian.
Who decides the person cannot decide
Incapacity must be certified under D.C. Code 21-2204.
Limits
  • At least one witness must be present when a family member, friend or relative consents, refuses or withdraws consent.
  • Decisions follow the patient's known wishes, otherwise a good-faith view of best interests.

Source: D.C. Code 21-2210 · Checked October 26, 2026

Next steps

Who decides in District of Columbia without a power of attorney?

District of Columbia's default surrogate law (D.C. Code 21-2210) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Court-appointed intellectual disability advocate (if within the scope of the appointment); the first relative listed is: Spouse or domestic partner.

District of Columbia's default surrogate law in full

District of Columbia's default surrogate order

  1. Court-appointed guardian or conservator (If the decision is within the scope of the appointment)
  2. Court-appointed intellectual disability advocate (If within the scope of the appointment)
  3. Spouse or domestic partner
  4. An adult child
  5. A parent
  6. An adult sibling
  7. A religious superior (If the patient is a member of a religious order or a diocesan priest)
  8. A close friend (Not a treating provider or its owner, operator, administrator or employee)
  9. The nearest living relative
What it covers
Listed persons may consent to, refuse or withdraw consent for any health care service, treatment or procedure once incapacity is certified.
If more than one person is in the same group
The order is a presumption: a lower-priority person who better knows the patient's wishes can rebut it, and anyone on the list may challenge a higher-priority person's decision in Superior Court.
If nobody on the list is available
If no one on the list is available and able, the provider, the District (for certain committed persons) or any interested person may petition Superior Court to appoint a guardian.
Who decides the person cannot decide
Incapacity must be certified under D.C. Code 21-2204.
Limits
  • At least one witness must be present when a family member, friend or relative consents, refuses or withdraws consent.
  • Decisions follow the patient's known wishes, otherwise a good-faith view of best interests.

Source: D.C. Code 21-2210 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in District of Columbia if there is no power of attorney?

District of Columbia's default surrogate law (D.C. Code 21-2210) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Court-appointed intellectual disability advocate (if within the scope of the appointment); the first relative listed is: Spouse or domestic partner. The full order, tie rule and limits are in D.C. Code 21-2210.

Does next of kin in District of Columbia have authority over money?

No default surrogate law covers money. In District of Columbia, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

District of Columbia law checked against the official text on October 26, 2026.

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