Title 21, Fiduciary Relations and Persons with Mental Illness. [Enacted title]

(a) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal a…

(a) A power of attorney executed in the District on or after the effective date of this chapter [February 23, 2023] is valid if its execution complies with § 21-2601.05. (b) A power of attorney executed in the District before the effective date of this chapter [February 23, 2023]…

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of att…

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a futu…

(a) A power of attorney terminates when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of the power …

(a) A principal may designate 2 or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapac…

(a) Unless the power of attorney otherwise provides: (1) An agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but not to compensation; and (2) An agent that is a bank, trust company authorized to administer trusts i…

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) Act in accordance with the principal's reasonable expectation to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) Act in good fai…

(a) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach of duty committed dishonestly, with …

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal; (3) A person authorized to make he…

(a) An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to: (1) Restore the value of the principal's property to what it would have been had the violation not occurred; and (2) Reimburse the principal or…

(a) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or…

(a) For the purposes of this section and § 21-2601.20, the term "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowl…

(a) Except as otherwise provided in subsection (b) of this section: (1) A person shall either accept an acknowledged power of attorney or request a certification, translation, or opinion of counsel under § 21-2601.19(d) no later than 7 business days after presentation of the powe…

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under District law other than this chapter.

(a) An agent under a power of attorney may do the following on behalf of the principal, or with the principal's property, only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instr…

(a) An agent has authority described in this subchapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 21-2602.04 through 21-2602.17 or cites the section in which the authority is described. (b) A reference …

(a) Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 21-2602.04 through 21-2602.17 or that grants to an agent authority to do all acts that a principal could do pursuant to § 21-2602.0…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise a…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (1) Buy, sell, and exchange stocks and bonds; (2) Establish, continue, modify, or terminate an account with re…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put optio…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (1) Continue, modify, and terminate an account or other banking arrangement made by or o…

(a) Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorize…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or termina…

(a) In this section, the term "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (b) Unless the po…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of actio…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (1) Perform the acts necessary to maintain the customary standard of living of the principal, t…

(a) For the purposes of this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including Social Security, Medicare, and Medicaid. (b) Unless the power of attorney …

(a) For the purposes of this section, the term "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including …

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contrib…

(a) For the purposes of this section, the term "gift for the benefit of a person" includes a gift to a trust, an account under §§ 21-301 to 21-324, and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529. (b) Unless the power of attorney otherwise p…

A document substantially in the following form, and potentially subject to the additional notice requirement of § 21-2603.03 for powers governing real estate transactions, may be used to create a statutory power of attorney form that has the meaning and effect prescribed by this …

The following optional form may be used by an agent to certify facts concerning a power of attorney. "AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY "District of Columbia ________________________ "I, ________________________ (Name of Agent), c…

If a power of attorney authorizes the agent to sell, grant, or release any interest in real property, it shall be executed in the same manner as a deed and shall be recorded with or prior to the deed executed pursuant to the power of attorney. If the power of attorney is recorded…

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) ("Act"), but shall not be construed to modify, limit, or supersede section 101(c) of the Act, or authorize…

(a) Except as otherwise provided in this chapter, on the effective date of this chapter [February 23, 2023]: (1) This chapter applies to a power of attorney created before, on, or after the effective date of this chapter [February 23, 2023]; (2) This chapter applies to a judicial…