What Is a Washington, DC Power of Attorney?
A Washington, DC, power of attorney is a legal document that gives someone else (called the agent) the authority to act on your behalf (you’re the principal) in personal, financial, or medical matters.
This document is a key part of estate planning and emergency preparedness. If you become incapacitated or unavailable, your agent can make critical decisions for you, such as paying your bills, managing your property, or speaking with your doctors.
Types of Powers of Attorney in Washington, DC
Washington, DC, follows the Uniform Power of Attorney Act, which outlines different POA types based on the powers you want to give your agent. You can tailor your POA based on what tasks need to be handled and for how long.
Durable (Financial)
Grants someone the authority to act and make financial decisions for you.
Signing Requirements: Notary public.
Medical
Designates someone to make health care decisions on your behalf if you are unable to make them yourself.
Signing Requirements: Two witnesses.
Limited (Special)
Gives an agent the authority to complete a specific task, and usually ends when the task has been executed.
Signing Requirements: Notary public.
Non-Durable (General)
Gives an agent broad powers to handle your affairs, and is commonly used for day-to-day financial matters.
Signing Requirements: Notary public.
Springing
"Springs” into effect in a certain situation, and ends at a time you specify in the document.
Signing Requirements: Notary public.
Advance Health Care Directive
Appoints an agent to make medical decisions on your behalf after you’ve been declared incapacitated.
Signing Requirements: Two witnesses (§ 21–2205).
Motor Vehicle (Form DMV-VSPA-01)
Authorizes an agent to represent you legally in matters relating to your vehicles.
Signing Requirements: Principal and Agent.
Real Estate
Allows an individual to appoint an agent to handle their real estate affairs.
Signing Requirements: Notary public.
Tax (Form D-2848)
Grants a representative the authority to act on a taxpayer's behalf in tax-related matters.
Signing Requirements: Taxpayer and representative.
Minor (Child)
Enables parents to delegate parental responsibilities to a chosen agent.
Signing Requirements: Notary public.
Revocation
Allows the principal to formally end the agent’s authority.
Signing Requirements: Notary public.
Durable vs. Non-Durable Power of Attorney
A durable power of attorney allows an agent to act for the principal even after they become incapacitated. A non-durable power of attorney terminates when the principal becomes incapacitated. In Washington, DC, a power of attorney is durable unless the document expressly states it terminates upon the principal’s incapacity under DC Code § 21-2601.04.
Medical Power of Attorney
A medical POA allows your agent to make healthcare decisions when you’re unable to, such as approving treatments or managing end-of-life care.
You can specify your preferences (e.g., no life support) and combine it with a living will if desired.
Financial Power of Attorney
A financial POA authorizes your agent to manage your money and property. This can include:
- Paying bills or taxes
- Managing investments or retirement accounts
- Buying or selling real estate
- Running a business
- Handling legal claims or insurance
This type is advantageous if you’re traveling, facing long-term illness, or planning for the future.
How To Write a Power of Attorney for Washington, DC
You don’t need a lawyer to create a valid POA in DC. Our document editor walks you through every step, but here’s what’s typically included:
- Provide the name of the principal and agent.
- Confirm the type(s) of power(s) granted to the agent.
- State the effective date and duration of the power of attorney.
- Describe any limitations, exclusions, conditions, or restrictions on the agent’s power(s).
- State any applicable terminating events.
Legal Requirements and Considerations for Washington, DC POAs
A Washington, DC, power of attorney must meet the execution requirements established under DC Code § 21-2601.05.
The principal must sign and date it or direct another person to sign it on their behalf while in their conscious presence. Additionally, notarizing your form is another legal requirement. A Washington, DC power of attorney is invalid unless acknowledged before a notary public.
Duration
Depending on its purpose, a power of attorney can be effective indefinitely or for a limited period. Unless otherwise specified, the document will be effective upon signing and last indefinitely.
Termination
The following events could cause a power of attorney to end under DC Code § 21-2601.10:
- The principal or agent dies
- The agent resigns or becomes incapacitated
- You revoke the POA
- A court declares the POA invalid
- The POA ends based on its terms
If your agent is your spouse, the POA automatically ends if you divorce or if you file an action for legal separation, unless you say otherwise in the document.
Revocation
To cancel a POA, you must create a revocation document, sign it, and notify your agent and anyone relying on the original POA (like banks or doctors). Use our Washington, DC POA revocation form to do this properly. Until you notify your agent, they may continue to act on your behalf.
Filing
Although not always necessary, you can file the executed power of attorney with any entities or institutions related to the agent’s authority. For example, a power of attorney involving real estate may require filing a copy with the DC Recorder of Deeds office.
Signing and notarization
To be valid, a DC POA must be signed by the principal and notarized. If the principal is unable to sign, they can direct someone else to sign in their presence.
