District of Columbia Power of Attorney

A District of Columbia power of attorney lets you name an agent to manage your money and property while you are alive. The District follows the Uniform Power of Attorney Act, so the document is durable by default and keeps working if you lose capacity. The one D.C. rule that trips people up: the power is not valid unless a notary acknowledges it (D.C. Code § 21-2601.05). No witnesses are required.

The rules sit in D.C. Code §§ 21-2601.01 through 21-2604.03, which the Council enacted as the Uniform Power of Attorney Amendment Act of 2022 (D.C. Law 24-236, effective February 23, 2023). Every section cited below was read in the District's official codified text on October 5, 2026. Use this page as a plain-language map of the law, then have a D.C. attorney draft or review the document you sign, because a power of attorney hands someone real control over your accounts.

One boundary shapes everything else on this site. A power of attorney ends when the principal dies (D.C. Code § 21-2601.10). The agent's authority stops, and a personal representative appointed by the Probate Division of the D.C. Superior Court takes over. For what happens after that, start with the District of Columbia probate guide.

What a D.C. Power of Attorney Does

A power of attorney names two roles. The principal is the person who signs and grants authority. The agent is the person who acts for the principal. D.C. Code § 21-2601.02 defines an agent as anyone granted authority to act for a principal, "whether denominated an agent, attorney-in-fact, or otherwise," so older documents that say "attorney-in-fact" describe the same role.

The agent handles the money tasks the document allows: paying bills, managing bank accounts, dealing with real estate, filing taxes, or handling retirement plans. The act does not cover health care. D.C. Code § 21-2601.03 takes a power to make health-care decisions out of the act entirely. For medical choices, the District uses a separate durable power of attorney for health care, which our guide to the health care power of attorney explains.

On this page

Durable by Default

Here is the good news. Under D.C. Code § 21-2601.04, a power of attorney created under the act "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Durable means the power survives your incapacity, which is the reason most people sign one in the first place.

You do not need magic words to make it durable. If you want the opposite result, a power that stops working once you lose capacity, the document has to say so in plain terms.

How to Sign a D.C. Power of Attorney

The District's signing rule is short, and it has one requirement you cannot skip. Under D.C. Code § 21-2601.05:

The principal signs it, or another individual signs the principal's name in the principal's conscious presence, at the principal's direction.
A notary acknowledges it. Subsection (b) says a power executed under the act "is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment."

That second rule is where D.C. departs from the uniform act. Most states that adopted the act treat a notary as optional and only use it to presume the signature is genuine. In the District, a power of attorney that skips the notary is not valid at all.

The act asks for no witnesses. The statutory form in D.C. Code § 21-2603.01 ends with a signature line and a single notary block. Do not confuse this with Maryland, where a power of attorney needs two witnesses on top of the notary. A D.C. health care power of attorney also uses witnesses, but that is a different document under a different statute.

Older and out-of-District documents

D.C. Code § 21-2601.06 sorts powers of attorney by where and when they were signed:

Signed in D.C. on or after February 23, 2023: valid if it complies with § 21-2601.05, so it needs the notary acknowledgment.
Signed in D.C. before February 23, 2023: valid if it met District law at the time it was signed.
Signed somewhere else: valid in D.C. if it met the law of the jurisdiction that governs its meaning, or the federal rules for a military power of attorney.

The same section says a photocopy or electronically submitted copy of the original generally has the same effect as the original.

Real estate needs extra steps

If your power of attorney lets the agent sell, grant, or release any interest in real property, D.C. Code § 21-2603.03 adds three requirements. The power must be executed in the same manner as a deed. It must be recorded with or before the deed the agent signs under it. And it must carry a statutory notice at the top of the front page, where you initial whether the agent's authority covers all your real property or only a property you describe.

For the deed side, D.C. Code § 42-306 says an interest in District real property for more than one year passes only by a deed "signed and sealed by the grantor," in person, by power of attorney, or by will. Recording happens at the Office of the Recorder of Deeds. If you own a home in the District and want your agent able to sell it, have an attorney prepare this part.

Immediate or Springing

A D.C. power of attorney is effective when you sign it, unless the document sets a future date or event (D.C. Code § 21-2601.09). The statutory form says the same thing: it is effective immediately unless you state otherwise in its Special Instructions.

A power that waits for your incapacity is called a springing power. You can name the person who decides whether the trigger has happened. If you name no one, or that person cannot or will not decide, the power takes effect on a written determination by:

A physician, that you have an impairment in the ability to receive and evaluate information or make or communicate decisions, or
An attorney at law, a judge, or an appropriate governmental official, that you are missing, detained, or outside the United States and unable to return.

Each choice has a trade-off. An immediate power lets the agent act right away, which helps in a sudden emergency but asks for real trust. A springing power adds a step, and that step can slow the agent down at the worst moment. Settle this one with your lawyer.

The D.C. Statutory Form

The District wrote a fill-in form into the code. D.C. Code § 21-2603.01 prints the "District of Columbia Statutory Power of Attorney Form," and a document that closely follows that form carries the meaning the act gives it. Using it is optional.

Here is how the form works:

One agent, plus optional successors. You name an agent, a successor agent, and a second successor agent. If you want coagents, you name them in the Special Instructions. Under D.C. Code § 21-2601.11, coagents can each act on their own unless the document says otherwise.
General authority by subject. You initial each subject you want to cover: real property, tangible personal property, stocks and bonds, commodities and options, banks and other financial institutions, operation of an entity or business, insurance and annuities, estates and trusts, claims and litigation, personal and family maintenance, government and military benefits, retirement plans, and taxes. Or you initial "All Preceding Subjects."
A nomination block. You can nominate a conservator of your estate and a guardian of your person in case a court ever needs to appoint one.
A notary block. The form ends with your signature and a notary acknowledgment.

If your agent will deal with a bank or title company, D.C. Code § 21-2603.02 also prints an optional agent's certification, signed under penalty of perjury and acknowledged before a notary, that confirms the power is still in force.

Powers You Must Grant in Express Words

A broad grant does not hand your agent control over your estate plan. Under D.C. Code § 21-2602.01, an agent may do the following only if the power of attorney expressly grants that authority:

Create, amend, revoke, or terminate an inter vivos trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority granted under the power of attorney
Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
Exercise fiduciary powers that the principal has authority to delegate
Disclaim property, including a power of appointment

On the statutory form, each of these sits in a separate "Grant of Specific Authority" section, and you initial only the ones you want. The form warns that these powers let an agent reduce your property or change who receives it at your death.

A second guard applies to agents outside the family. Unless the document says otherwise, an agent who is not your ancestor, spouse, or descendant cannot use your property to benefit the agent or someone the agent must support, whether by gift, survivorship, beneficiary designation, or disclaimer (§ 21-2602.01(b)).

Gifts follow the federal annual exclusion

If you grant gift authority without spelling out its limits, D.C. Code § 21-2602.17 caps each gift at the annual federal gift tax exclusion per recipient, or twice that amount when your spouse agrees to split the gift. The agent must also make gifts that fit your known objectives or, if those are unknown, your best interest, weighing your property, your future needs, taxes, benefit eligibility, and your own history of giving.

Your agent's authority can also reach online accounts. See D.C. digital assets for how the District handles email, cloud storage, and other digital property.

What Your Agent Owes You

An agent who accepts the job takes on legal duties. Under D.C. Code § 21-2601.13, acceptance happens by acting as agent or by any other conduct showing acceptance, so no separate signature is needed.

D.C. Code § 21-2601.14 sets two tiers of duties. These three apply no matter what the document says:

Act according to your reasonable expectations, as far as the agent knows them, and otherwise in your best interest
Act in good faith
Act only within the authority the document grants

These apply unless the document says otherwise:

Act loyally for your benefit and avoid conflicts of interest
Act with care, competence, and diligence
Keep a record of receipts, disbursements, and transactions made for you
Cooperate with your health care decision-maker
Try to preserve your estate plan, as far as the agent knows it and it fits your best interest

You can check the agent's work. Under § 21-2601.14(h), the agent must disclose receipts, disbursements, and transactions when a court orders it or when you, a guardian, a conservator, another fiduciary, or a protective government agency asks. After your death, the personal representative of your estate can ask too. The agent has 30 days to comply, or to explain in writing why more time is needed and then comply within 30 more days.

Does the agent get paid?

The statute and the form point in different directions here, so read carefully. Under D.C. Code § 21-2601.12, unless the document says otherwise, an individual agent gets reimbursed for reasonable expenses but not compensation. A bank or trust company acting as agent gets reasonable compensation. The statutory form's opening notice says "Your agent may be entitled to reasonable compensation unless you state otherwise in the Special Instructions." To avoid a dispute, write your answer into the Special Instructions.

When Banks Must Accept It

A power of attorney only helps if banks honor it. The District puts deadlines on that. Under D.C. Code § 21-2601.20, a person presented with an acknowledged power of attorney must:

Accept it, or request an agent's certification, an English translation, or an opinion of counsel, within 7 business days
Accept it within 5 business days after getting the certification, translation, or opinion
Not require an additional or different form of power of attorney for authority the document already grants

Seven grounds excuse a refusal. They include a good-faith belief that the power is not valid, actual knowledge that it was terminated, and a good-faith report to Adult Protective Services or the Department of Aging and Community Living that the agent may be abusing or exploiting the principal. A person who refuses without a valid reason faces a court order to accept the power and liability for the attorney's fees and costs of that case.

The flip side protects the people who rely on the document. Under D.C. Code § 21-2601.19, someone who accepts an acknowledged power in good faith, without knowing it is void or terminated, may rely on it as if it were valid.

How a D.C. Power of Attorney Ends

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

The principal dies
The principal becomes incapacitated, if the power is not durable
The principal revokes it
The document says it ends
Its purpose is accomplished
The agent dies, becomes incapacitated, or resigns, or the principal revokes the agent's authority, and no other agent is named

Three more rules matter. If your spouse is your agent, the agent's authority ends when an action is filed for divorce, annulment, or legal separation, unless the document says otherwise. Signing a new power of attorney does not revoke an older one unless the new document says so. And a recorded real estate power can be revoked by recording the revocation with the Recorder of Deeds.

A court case does not automatically cancel your agent either. Under D.C. Code § 21-2601.08, if a court later appoints a conservator, the agent answers to the conservator as well as to you, and the power stays in force unless the court limits or ends it. The court must also follow your most recent nomination of a conservator or guardian unless there is good cause or a disqualification. That is why a durable power of attorney is the main tool for avoiding a guardianship.

Power of Attorney vs Probate

These two tools solve different problems at different times.

	Power of attorney	Probate
When it works	While the principal is alive	After the principal dies
Who acts	The agent named in the document	A personal representative appointed by the court
Source of authority	The signed, notarized power of attorney	Letters issued by the Probate Division of the D.C. Superior Court
What it covers	The money and property tasks you allow	Collecting assets, paying debts, and distributing what is left
Ends when	The principal dies, revokes it, or it terminates on its own terms	The estate is administered and closed

Under D.C. Code § 20-101, "letters" means the official instrument by which the Probate Division appoints a personal representative. Once the principal dies, only that personal representative can act for the estate. A power of attorney does not avoid probate on its own. For the tools that do, see the guide to avoiding probate in D.C..

When to Talk With a D.C. Attorney

A power of attorney is one of the strongest documents you can sign. Talk with a District of Columbia attorney when:

You want your agent to make gifts, change beneficiaries, or change a trust (the powers you must grant expressly)
You own real estate in the District and want the agent able to sell or mortgage it
You own a business or property in Maryland, Virginia, or another state
Family members might disagree about who should serve
You worry about financial abuse and want safeguards written in
You are choosing between an immediate and a springing power
You found a form online and cannot tell whether it was written for the District

For the documents that pair with this one, see D.C. estate planning basics and the District of Columbia probate help hub.

Frequently Asked Questions

Does a D.C. power of attorney have to be notarized?

Yes. D.C. Code § 21-2601.05(b) says a power of attorney executed under the District's Uniform Power of Attorney Act is not valid unless it is acknowledged before a notary public or another individual authorized by law to take acknowledgments. That is stricter than the uniform act most states adopted, where a notary is optional.

Does a D.C. power of attorney need witnesses?

No. D.C. Code § 21-2601.05 asks for the principal's signature and a notary acknowledgment, and the statutory form in § 21-2603.01 ends with a single notary block and no witness lines. A D.C. health care power of attorney is different: § 21-2205 requires two adult witnesses.

Is a D.C. power of attorney durable by default?

Yes. Under D.C. Code § 21-2601.04, a power of attorney created under the act is durable unless it expressly provides that it is terminated by the incapacity of the principal. You do not need special durability words.

Does the District have an official power of attorney form?

Yes, and using it is optional. D.C. Code § 21-2603.01 prints the District of Columbia Statutory Power of Attorney Form. You initial the subjects you want to cover, and you initial each of eight specific powers, such as making gifts or changing beneficiary designations, separately. Section 21-2603.02 adds an optional agent's certification.

Does a D.C. bank have to accept my power of attorney?

It has to act on an acknowledged one within set deadlines. Under D.C. Code § 21-2601.20(a), the bank must accept it or ask for an agent's certification, a translation, or an opinion of counsel within 7 business days, then accept it within 5 business days of getting what it asked for. It may not demand its own form. Seven grounds in § 21-2601.20(b) excuse a refusal.

Does a power of attorney work after death in D.C.?

No. D.C. Code § 21-2601.10(a)(1) ends a power of attorney when the principal dies. After death, a personal representative appointed by the Probate Division of the D.C. Superior Court handles the estate under letters issued by that court.

This guide is general information about District of Columbia powers of attorney. Confirm anything that affects your situation with a licensed D.C. attorney before you sign.

Sources:

Title: D.C. Code § 21-2601.04, Power of attorney is durable. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.04
Title: D.C. Code § 21-2601.05, Execution of power of attorney. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.05
Title: D.C. Code § 21-2601.06, Validity of power of attorney. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.06
Title: D.C. Code § 21-2601.09, When power of attorney effective. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.09
Title: D.C. Code § 21-2601.10, Termination of power of attorney or agent's authority. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.10
Title: D.C. Code § 21-2601.12, Reimbursement and compensation of agent. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.12
Title: D.C. Code § 21-2601.14, Agent's duties. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.14
Title: D.C. Code § 21-2601.20, Liability for refusal to accept acknowledged power of attorney. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.20
Title: D.C. Code § 21-2602.01, Authority that requires specific grant; grant of general authority. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2602.01
Title: D.C. Code § 21-2602.17, Gifts. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2602.17
Title: D.C. Code § 21-2603.01, Statutory power of attorney form. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2603.01
Title: D.C. Code § 21-2603.03, Additional notice if power of attorney authorizes real estate transactions. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed, accessed 2026-10-05. URL: https://code.dccouncil.gov/us/dc/council/code/sections/21-2603.03

It is not legal advice.