District Of Columbia · Estate Law

DC Uniform Power of Attorney Act provides default-durable POAs

District of Columbia Code — Uniform Power of Attorney Act

D.C. Code § 21-2601.01

What the rule says

DC adopted the Uniform Power of Attorney Act effective March 11, 2017, codified at D.C. Code § 21-2601.01 et seq.

Default durability

A DC POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.

Specific powers

Under DC's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).

Third-party acceptance

DC law provides protections for third parties accepting properly executed POAs.

Execution requirements

A valid DC POA must be:

- Signed by the principal - Acknowledged before a notary public

Healthcare advance directive is separate

DC separates property and healthcare frameworks. Healthcare decisions require a separate DC Health-Care Power of Attorney under D.C. Code § 21-2205 et seq.

What happens without a POA

If a DC resident becomes incapacitated without an executed durable POA, the family must seek conservatorship under D.C. Code § 21-2041 et seq.

What you can do about it

For DC residents:

- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Health-Care POA. - Update older POAs.

Who this affects most

DC's POA framework is most consequential for DC adults without executed POAs.

Verified April 29, 2026. View the statute at DC Council.

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This information is educational, not legal advice. For complex situations, consult a licensed District Of Columbia attorney.