Medical Power of Attorney in District of Columbia

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.

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 beneficiary. Living will (declaration under the Natural Death Act): any person 18 or older signs a written, dated declaration before two adult witnesses who are not relatives, heirs, financially responsible for the person's care, or the attending physician or facility staff; a model form is in the statute. These sections do not require notarization.

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 Anyone 18 or older may sign one directing that life-sustaining procedures be withheld or withdrawn if they are in a terminal condition.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. has an optional "District of Columbia Statutory Power of Attorney Form" for finances (D.C. Code 21-2603.01). A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is invalid unless acknowledged before a notary public or other official authorized to take acknowledgments (21-2601.05). For health care, a durable power of attorney for health care must clearly authorize the agent to make health-care decisions and be signed and dated by the principal and two adult witnesses who affirm the principal was of sound mind and free from duress; the principal's health-care provider and the provider's employees cannot witness, and at least one witness must be unrelated to the principal and not entitled to any part of the estate (21-2205). D.C. Code 21-2207 contains the related form.