{"data":{"id":"us-dc/d.c.-code-21-2205","jurisdiction":"us-dc","citation":"D.C. Code § 21-2205","heading":"Durable power of attorney for health care.","body":"(a)\nA 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 particular health-care decision.\n\n(b)\nA durable power of attorney for health care shall include language which clearly communicates that the principal intends the attorney in fact to have the authority to make health-care decisions on behalf of the principal and shall include language identical or substantially similar to the following:\n(1)\n“This power of attorney shall not be affected by the subsequent incapacity of the principal.” ; or\n(2)\n“This power of attorney becomes effective upon the incapacity of the principal.”\n\n(c)\nA durable power of attorney for health care shall be dated and signed by the principal and 2 adult witnesses who affirm that the principal was of sound mind and free from duress at the time of signing. The 2 adult witnesses shall not include the principal, the health-care provider of the principal or an employee of the health-care provider of the principal.\n\n(d)\nOf the 2 adult witnesses referred to in subsection (c) of this section, at least 1 shall not 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.\n\n(e)\nAny durable power of attorney for health care executed prior to March 16, 1989, and specifically written to include health-care decision making after incompetency shall be effective, if the execution of the prior document meets the requirements of this subchapter.","path":["Title 21. Fiduciary Relations and Persons with Mental Illness. [Enacted title]","Chapter 22. Health-Care Decisions.","Subchapter I. Durable Power of Attorney"],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/21-2205","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"f601d634ac3ebba7d2c9f15c1ecd5323f58857317f7e2f4c9ae880100b8b1d50","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-21-2204","next":"us-dc/d.c.-code-21-2206"},"notice":"GroundRules: Original legal text. Not legal advice."}