Washington DC Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

The District of Columbia adopted the Uniform Power of Attorney Act (UPOAA) through D.C. Law 24-236, effective February 23, 2023, codified at D.C. Code 21-2601.01 et seq. The Act replaced earlier financial POA statutes and brought DC into alignment with the modern uniform framework used by most states. One of its most significant changes: a DC power of attorney is now durable by default, meaning it survives the principal's incapacity unless the document expressly says otherwise. Health-care decisions remain a separate instrument governed by D.C. Code 21-2201 et seq.

What a Power of Attorney Does in the District of Columbia

A power of attorney is a written record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used (D.C. Code 21-2601.02). The agent, also called an attorney-in-fact, can manage financial accounts, conduct real estate transactions, handle tax matters, operate a business, and carry out dozens of other tasks, but only to the extent the document grants that authority.

DC law draws a clear line between two separate legal frameworks. The 2023 UPOAA (D.C. Code 21-2601.01 et seq.) governs financial and property powers of attorney. The Health-Care Decisions Act (D.C. Code 21-2201 et seq.) governs medical decision-making authority. A single document cannot serve both purposes under DC law. Principals who want both financial and health-care coverage must execute two separate instruments.

The scope of any POA is limited to what the principal expressly grants. Agents in DC hold fiduciary duties and must act in the principal's best interest, maintain records of all transactions, and avoid conflicts of interest.

Durable Power of Attorney in DC

Under D.C. Code 21-2601.04, a power of attorney created under the 2023 Act is durable unless it expressly provides that it is terminated by the incapacity of the principal. This reverses the older default rule and tracks the UPOAA approach: if the document says nothing about incapacity, the POA survives it.

This default durability is a meaningful planning advantage. If a principal becomes ill or cognitively impaired, the agent's authority continues uninterrupted, avoiding the need for court-supervised guardianship or conservatorship in many situations.

A principal who wants a non-durable POA, one that terminates automatically on incapacity, must include express language to that effect. Conversely, a principal may also create a springing POA that only becomes effective upon incapacity or another future event specified in the document (D.C. Code 21-2601.09). By default, a POA is effective immediately upon execution.

How to Create a Valid DC Power of Attorney

D.C. Code 21-2601.05 sets the execution requirements for a financial power of attorney in the District of Columbia:

1. In writing signed by the principal
2. Acknowledged before a notary public or other individual authorized by law to take acknowledgments

A signature so acknowledged is presumed genuine. No witnesses are required for a financial POA under the 2023 Act. This is simpler than many states, but notarization is mandatory, not optional. A POA that is signed but not notarized is not valid.

If the principal is physically unable to sign, another person may sign in the principal's conscious presence and at the principal's express direction.

DC also provides an optional statutory form at D.C. Code 21-2603.01. The statutory form lists categories of authority the principal can grant by initialing each one, and it includes spaces for hot powers, successor agents, and a nomination of conservator or guardian. Using the form is not required, but it ensures all formal requirements are met.

Recording: A POA that will be used for real estate transactions should be recorded with the DC Office of the Recorder of Deeds after notarization so that title companies and counterparties can rely on it.

What a DC Agent Can and Cannot Do

General Financial Authority

When a principal grants general authority, the agent may act in matters involving real property, personal property, stocks and bonds, bank and financial accounts, business operations, insurance, retirement plans, taxes, claims and litigation, and personal and family maintenance (D.C. Code 21-2602.01 et seq.). The statutory form in Subchapter III lists each category individually so principals can choose exactly which powers to grant.

Hot Powers Requiring Express Authorization

Under D.C. Code 21-2602.01, the following actions require an explicit written grant in the document. A general grant of financial authority does not carry them:

• Creating, amending, revoking, or terminating an inter vivos trust
• Making gifts
• Creating or changing rights of survivorship
• Creating or changing a beneficiary designation
• Delegating granted authority to another person
• Waiving the principal's right to be a beneficiary of a joint and survivor annuity
• Exercising delegable fiduciary powers
• Disclaiming or refusing an interest in property or a power of appointment

These restrictions exist because each hot power has significant potential to reduce the principal's estate or alter how property passes at death. Agents who are not ancestors, spouses, or descendants of the principal cannot use these powers to benefit themselves unless the document expressly permits it.

Agent Duties

Under D.C. Code 21-2601.14, an agent who accepts appointment must act in the principal's best interest, maintain good faith, stay within the scope of granted authority, keep records of all receipts, disbursements, and transactions, avoid conflicts of interest, and coordinate with any health-care agent to honor the principal's overall preferences.

What an Agent Cannot Do

A financial agent cannot make health-care decisions, cannot act after the principal's death, cannot create or change the principal's will, and cannot act in ways that breach the fiduciary duties imposed by D.C. Code 21-2601.14. Authority under a DC financial POA ends at death; estate administration passes to the personal representative.

Third-Party Acceptance and Refusal

Under D.C. Code 21-2601.19, a person who accepts an acknowledged POA in good faith without actual knowledge of forgery or invalidity may rely on it and is protected from liability. Under D.C. Code 21-2601.20, third parties such as banks must act on a valid acknowledged POA within seven business days of presentation or formally request additional documentation. A person who wrongfully refuses a valid POA may be ordered by a court to accept it and may be liable for the principal's reasonable attorney fees and costs.

Health-Care Power of Attorney in DC

Health-care decision-making authority in the District of Columbia is governed by an entirely separate statute: the DC Health-Care Decisions Act, D.C. Code 21-2201 et seq. This is not part of the 2023 UPOAA. It is an independent legal framework requiring its own document.

A durable power of attorney for health care under D.C. Code 21-2202 is a legally enforceable document that creates authority for an attorney-in-fact to make health-care decisions on behalf of the principal, but only when the principal is incapacitated and unable to make those decisions independently.

Execution Requirements

Under D.C. Code 21-2205, a health-care power of attorney must be:

1. Dated
2. Signed by the principal
3. Witnessed by two adult witnesses who affirm the principal was of sound mind and free from duress

The two witnesses may not include the principal, the principal's health-care provider, or any employee of that provider. At least one witness must not be related to the principal by blood, marriage, or adoption and must not be entitled to any part of the principal's estate.

No notarization is required for a DC health-care POA. The two-witness requirement distinguishes it from the financial POA, which requires a notary but no witnesses.

The document must include durability language stating either that it is not affected by the principal's subsequent incapacity or that it becomes effective upon incapacity (D.C. Code 21-2205).

What the Health-Care Agent Can Do

The health-care attorney-in-fact may make decisions about medical treatment, surgery, hospitalization, life-sustaining treatment, and other health-care matters, subject to any limits the principal writes into the document. The agent's authority is limited to periods when the principal lacks capacity to make health-care decisions.

For the full 50-state overview, see our national Power of Attorney guide.

Revoking or Ending a DC Power of Attorney

Termination of a Financial POA

Under D.C. Code 21-2601.10, a financial power of attorney terminates when:

• The principal dies
• The principal revokes the POA
• The document reaches its stated end date or a terminating condition occurs
• The stated purpose is accomplished
• The agent dies, becomes incapacitated, or resigns and no successor agent is named
• A court terminates it
• For a non-durable POA, the principal becomes incapacitated

A divorce, annulment, or legal separation proceeding between the agent and principal automatically terminates the agent's authority under D.C. Code 21-2601.10(b) unless the document expressly says otherwise.

How to Revoke

DC law does not require a specific form of revocation. A written, signed revocation document is strongly recommended. To be effective against third parties who rely in good faith on the old POA, the revocation must be communicated to the agent and to any relevant third parties such as banks. A new POA does not automatically revoke a prior one unless it explicitly says so; an express revocation clause in the new document avoids confusion.

For a health-care POA, revocation may be made at any time and in any manner that communicates the principal's intent, regardless of mental or physical condition, and becomes effective when the health-care provider receives notice.

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This article provides general legal information about District of Columbia power of attorney laws and is not legal advice. DC law is complex and individual circumstances vary. Consult a licensed DC attorney before creating or relying on a power of attorney document.

Statutes cited reflect their in-force version as of May 31, 2026.