Living Wills and Advance Directives in District of Columbia

D.C. calls a living will a "declaration" under its Natural Death Act. Anyone 18 or older may sign one directing that life-sustaining procedures be withheld or withdrawn if they are in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their express direction), dated, and signed in front of two witnesses who are at least 18. A witness cannot be the person who signed for the declarant, a relative by blood, marriage or domestic partnership, an heir or will beneficiary, someone directly financially responsible for the person's medical care, or the attending physician or an employee of the physician or health facility. The declarant must let the attending physician know the declaration exists. A model form is in the statute; notarization is not required.

D.C. uses a "durable power of attorney for health care." A competent adult signs and dates a written document naming an agent, with language that it survives (or takes effect on) incapacity, before two adult witnesses. Witnesses cannot be the principal's health care provider or the provider's employee, and at least one must be unrelated to the principal and not an heir or will beneficiary. A statutory form is provided. Notarization is not required.