Updated April 20, 2022
A Washington D.C. medical power of attorney allows a patient to seek someone else (“attorney-in-fact”) to make health care decisions on their behalf if they can’t do so for themselves. This is often brought upon due to incapacitation in the form of Alzheimer’s Disease, Dementia, Stroke, or any other mind-altering condition. The form is required to be signed with the patient and in the presence of two (2) witnesses, one of which cannot be related to the principal by blood, marriage or adoption and shall not be entitled to any part of the estate of the principal by a current will or operation of law.
Definition
“Durable power of attorney for health care” means a legally enforceable document that:
- (A) Is executed in the District in a manner consistent with this subchapter or validly executed in another jurisdiction pursuant to similar provisions of the law of that jurisdiction; and
- (B) Creates a power of attorney for health-care decisions, which is effective upon, and only during incapacitation and is unaffected by the subsequent disability or incapacity of the principal as defined in this subchapter.
Laws
- Signing Requirements – Two (2) witnesses (§ 21–2205(c)).
- Statute – § 21–2207