A Washington, DC medical power of attorney (MPOA) allows you, the principal, to appoint someone (known as your “agent” or “attorney-in-fact”) to make decisions related to medical care for you any time you are unable to make those decisions for yourself.
This document is also known as a power of attorney for health care.
Laws: Chapter 22 (Health-Care Decisions) of the Code of the District of Columbia governs the creation of a medical power of attorney in Washington, DC.
In addition to your medical power of attorney, consider creating these complementary documents to have peace of mind in case of an unforeseen event:
- Living Will: This document describes your preferences for end-of-life treatment if you are terminally ill.
- Washington, DC (Financial) Power of Attorney: This document gives an agent the power to make financial, business, and other non-medical decisions for you.
How to Fill in a Medical Power of Attorney in Washington, DC
Follow these steps to ensure your Washington, DC medical power of attorney is legally binding and meets the requirements outlined in Chapter 22 of the DC Code:
Step 1: Choose an agent
Your agent is a person you choose to make healthcare decisions for you if you are incapacitated and cannot make them yourself.
Who should you choose as an agent?
You should choose a mature adult (over 18 years of age) you trust, and who knows you well.
Your agent must make healthcare decisions in good faith and in your best interest consistent with the purpose expressed in the appointment.
Relevant law: 
§ 21–2202
Who can’t be your agent?
DC law does not explicitly prohibit any category of individuals from being your agent.
Can you have more than one agent?
Yes, you can designate an alternate agent. If your first choice is unable to act on your behalf, your alternate agent will have the authority to do so.
Relevant law: § 21–2207
Step 2: Specify what healthcare decisions your agent can make
Carefully decide which powers or to give to your agent.
Can you limit your agent’s powers?
Yes, you can limit your agent’s powers. To do so, simply write out instructions or restrictions in your Washington, DC medical power of attorney form. For example, “I don’t want any of my organs or tissues donated after my death” or “I do not want any extraordinary life-saving measures used.”
If you don’t express any limitations to your agent’s decision-making power, your agent can make almost any healthcare decision on your behalf.
Relevant law: § 21–2206
What is your agent legally unable to do?
Your agent cannot consent on your behalf to:
- abortion
- sterilization
- psychosurgery
- convulsive therapy
- behavior modification programs involving aversive stimuli
Relevant law: § 21–2211
When can your agent start making decisions for you?
Your agent can make decisions for you only after 2 medical professionals determine that you are no longer able to make or communicate decisions about your health care.
Relevant law: § 21–2206 and § 21–2204
Step 3: Sign the form
Do you need notary or witness signatures?
Yes, for your DC medical power of attorney to be valid, two witnesses must also sign the document.
Relevant law: § 21–2207
How long is your Washington, DC medical power of attorney effective?
Your medical power of attorney is effective indefinitely once it is signed and delivered to your agent. Your agent’s authority commences when you become incapable of consenting and ends if you become capable once again.
Your agent’s authority will remain in effect until you revoke your medical power of attorney.
Relevant law: § 21–2208
How to Revoke a Washington, DC Medical Power of Attorney
At any point, you can revoke your medical power of attorney by doing any of the following:
- Notifying the agent orally or in writing
- Notifying the health care provider orally or in writing
- Creating a new medical power of attorney
If your agent is your spouse, their agency would be revoked should you get divorced or legally separated.
Relevant law: § 21–2208
