Power of Attorney and Health Care – General – District of Columbia
Related District of Columbia Legal Forms
A statutory power of attorney is legally sufficient under this chapter if the wording of the form complies substantially with § 21-2101(a), the form is properly completed, and the signature of the principal is acknowledged.
A statutory power of attorney 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 continue to be effective if I become disabled, incapacitated, or incompetent,” showing the intent of the principal that the power granted may be exercised notwithstanding later disability, incapacity, or incompetency.
A durable power of attorney is a power of attorney by which a principal designates, in writing, another as his or her attorney in fact. The power of attorney must contain the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time”, or “This power of attorney shall become effective upon the disability or incapacity of the principal”, or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were not incapacitated.
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 exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.
A principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if protective proceedings for the principal’s person or estate are later commenced. The court will make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or disqualification.
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.
The incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability of incapacity of the principal, acts in good faith under the power
The revocation of a power of attorney is used to terminate the authority granted to the principal’s attorney-in-fact/agent. This means that the attorney-in-fact/agent no longer has the authorization to act on behalf of the principal. It is also in the best interest of the principal to send a copy of the signed revocation to his/her attorney-in-fact/agent with a letter telling him/her that he/she no longer has the authority to sign papers in the principal’s name. A copy of the revocation should also be sent to all banks doing business with the principal or anyone else who has relied on the power of attorney until they have actual notice that it is no longer in effect. The reason for this is that the attorney-in-fact/agent or other business entities can keep relying on the power of attorney until they receive the notice of the revocation.
Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.