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

(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of his or her property except specific exclusio…

(a) The death of a principal who has executed a power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action…

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revo…

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(a) The following statutory form of power of attorney is legally sufficient: STATUTORY POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT OF 1998. IF YOU HAVE ANY QUESTIONS A…

A power of attorney legally sufficient under this chapter is durable to the extent that durable powers are permitted by sections 21-2081 through 21-2085 , or other law of the District of Columbia and the power of attorney contains language such as “This power of attorney will con…

By executing a statutory power of attorney with respect to a subject listed in section 21-2101(a) , the principal, except as limited or extended by the principal in the power of attorney, empowers the agent, for that subject to: (1) Demand, receive, and obtain by litigation or ot…

(a) In a statutory power of attorney, the language granting power with respect to real property transactions empowers the agent to: (1) Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire, an interest in real property or a right i…

In a statutory power of attorney the language granting power with respect to tangible personal property transactions empowers the agent to: (1) Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible perso…

In a statutory power of attorney the language granting power with respect to stock and bond transactions empowers the agent to buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and financial instruments, except commodity futures contracts, and…

In a statutory power of attorney the language granting power with respect to commodity and option transactions empowers the agent to buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put options on stocks and stock indexes traded on a regu…

In a statutory power of attorney the language granting power with respect to banking and other financial institution transactions empowers the agent to: (1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal; (2) Establis…

In a statutory power of attorney the language granting power with respect to business operating transactions empowers the agent to: (1) Operate, buy, sell, enlarge, reduce, and terminate a business interest; (2) To the extent that an agent is permitted by law to act for a princip…

In a statutory power of attorney the language granting power with respect to insurance and annuity transactions empowers the agent to: (1) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on behalf of the principal which…

In a statutory power of attorney the language granting power with respect to estate, trust, and other beneficiary transactions empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or …

In a statutory power of attorney the language with respect to claims and litigation empowers the agent to: (1) Assert and prosecute before a court or administrative agency a claim, a cause of action, counterclaim, offset, and defend against an individual, a legal entity, or gover…

(a) In a statutory power of attorney the language granting power with respect to personal and family maintenance empowers the agent to: (1) Do the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, domestic partner, children, and…

In a statutory power of attorney the language granting power with respect to benefits from social security, medicare, medicaid or other governmental programs, or civil or military service empowers the agent to: (1) Execute vouchers in the name of the principal for allowances and …

In a statutory power of attorney the language granting power with respect to retirement plan transactions empowers the agent to: (1) Select payment options under any retirement plan in which the principal participates, including plans for self-employed individuals; (2) Designate …

In a statutory power of attorney the language granting power with respect to tax matters empowers the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act returns, and other tax returns, claims for ref…

The powers described in sections 21-2103 through 21-2116 are exercisable equally with respect to an interest the principal has when the power of attorney is executed or acquires later, whether or not the property is located in the District of Columbia, and whether or not the powe…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

The purpose of this subchapter is to affirm the right of all competent adults to control decisions relating to their own health care and to have their rights and intentions in health care matters respected and implemented by others if they become incapable of making or communicat…

For the purposes of this subchapter, the term: (1) “Attorney in fact” means the person who receives the power of attorney for health-care decisions pursuant to the provisions of this subchapter. (1A) “Close friend” means any adult who has exhibited significant care and concern fo…

An individual shall be presumed capable of making health-care decisions unless certified otherwise under § 21-2204. Mental incapacity to make a health-care decision shall not be inferred from the fact that an individual: (1) Has been voluntarily or involuntarily hospitalized for …

(a) Mental incapacity to make a health-care decision shall be certified by 2 professionals who are licensed to practice in the District and qualified to make a determination of mental incapacity. One of the 2 certifying professionals shall be a physician and one shall be a qualif…

(a) A competent adult may designate, in writing, an individual who shall be empowered to make health-care decisions on behalf of the competent adult, if the competent adult becomes incapable, by reason of mental disability, of making or communicating a choice regarding a particul…

(a) Subject to any express limitations in the durable power of attorney for health care, an attorney in fact shall have all the rights, powers and authority related to health-care decisions that the principal would have under District and federal law. This authority shall include…

Any written form meeting the requirements of § 21-2205 may be used to create a durable power of attorney for health care. The following is offered as a sample form only and its inclusion in this section shall not be construed to preclude the use of alternative language: INFORMATI…

(a) At any time that the principal has the capacity to create a durable power of attorney for health care, the principal may: (1) Revoke the appointment of the attorney in fact under a durable power of attorney for health care by notifying the attorney in fact orally or in writin…

(a) No health-care provider may require an individual to execute a durable power of attorney for health care as a condition for the provision of health-care services or admission to a health-care facility, as defined in § 44-501. (b) After an individual has spent at least 48 hour…

(a) In the absence of a durable power of attorney for health care and provided that the incapacity of the principal has been certified in accordance with § 21-2204, the following individuals, in the order of priority set forth below, shall be authorized to grant, refuse or withdr…

No person authorized to act pursuant to § 21-2210 shall have the power: (1) To consent to an abortion, sterilization or psycho-surgery, unless authorized by a court; or (2) To consent to convulsive therapy or behavior modification programs involving aversive stimuli, unless autho…

(a) Nothing in this subchapter shall be construed to condone, authorize, or approve mercy-killing or to permit any affirmative or deliberate act to end a human life other than to permit the natural dying process. (b) Nothing in this subchapter shall be construed to conflict with …

This subchapter shall be liberally construed and applied to promote its underlying purposes and policies.

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