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Power of Attorney in D.C.: The Notary Rule, the Statutory Form, and How to Get One
A District of Columbia power of attorney isn't valid unless your parent acknowledges it before a notary. Here is what D.C.'s Uniform Power of Attorney Act requires and how to get one.
By naveen · Updated · How we research our guides
What to know
- A D.C. power of attorney must be signed by your parent, or by someone in their conscious presence at their direction, and it "is not valid unless it is acknowledged before a notary public" or another official who takes acknowledgments (D.C. Code § 21-2601.05).
- The act sections we read don't require witnesses, and D.C.'s statutory form has a notary block and no witness lines.
- It's durable by default and effective immediately unless it says otherwise; banks must accept it, or ask for more information, within seven business days.
- The statutory form says it "does not authorize the agent to make health care decisions for you"; that takes a separate durable power of attorney for health care.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A D.C. power of attorney is valid only if your parent signs it and acknowledges it before a notary; the act lists no witness requirement, and an optional statutory form is printed in D.C. Code § 21-2603.01. Under the execution section, it "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" (D.C. Code § 21-2601.05). The same section adds a second requirement: "A power of attorney executed under this chapter is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment." The current law took effect February 23, 2023.
What is a durable power of attorney in D.C.?
A durable power of attorney in D.C. is one "not terminated by the principal's incapacity," and under § 21-2601.04 a power of attorney created under the act "is durable unless it expressly provides that it is terminated by the incapacity of the principal." D.C.'s law is the Uniform Power of Attorney Act, D.C. Code §§ 21-2601.01 to 21-2604.03, enacted by the Uniform Power of Attorney Amendment Act of 2022. It replaced the District's older Uniform Durable Power of Attorney Act and Uniform Statutory Form Power of Attorney Act. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal.
A power of attorney signed in D.C. before February 23, 2023 stays valid if it met the District's law at the time. For reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does D.C. require for a power of attorney to be valid?
A D.C. power of attorney is valid if your parent signs it, or directs someone to sign in their conscious presence, and acknowledges it before a notary (§ 21-2601.05); the act lists no witness requirement.
| Step | What the law says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | Required (§ 21-2601.05(a)) |
| Notary acknowledgment | Not valid unless acknowledged before a notary or other official authorized to take acknowledgments | Required (§ 21-2601.05(b)); also makes the signature presumed genuine |
| Witnesses | None listed in the act | D.C.'s statutory form has no witness lines |
Because every D.C. power of attorney has to be acknowledged, the act's bank-acceptance rules, which apply to an "acknowledged" power of attorney, cover a validly signed D.C. document. A photocopy or electronically submitted copy "shall have the same effect as the original."
Is there an official D.C. power of attorney form?
Yes, an optional one. D.C. Code § 21-2603.01 sets out the "DISTRICT OF COLUMBIA STATUTORY POWER OF ATTORNEY FORM," and a document "substantially in the following form" may be used. It's printed in the statute and free to use.
The form's notice is worth reading with your parent before anyone signs. It explains that the agent "will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself," that "This power of attorney does not authorize the agent to make health care decisions for you," and "You should select someone you trust to serve as your agent." Your parent initials each subject they want to grant, or "All Preceding Subjects," and can nominate a conservator or guardian for a court to consider.
Some powers need their own initials. Under § 21-2602.01, an agent can create or change trusts, make gifts, create or change survivorship rights or beneficiary designations, or disclaim property "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death."
Is the agent paid?
Not by default, if the agent is a person rather than an institution. Unless the power of attorney says otherwise, "An agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but not to compensation" (§ 21-2601.12). A bank or trust company serving as agent is entitled to reasonable compensation. The statutory form's notice puts it more loosely, "Your agent may be entitled to reasonable compensation unless you state otherwise in the Special Instructions," so if your parent wants a family member paid, the special instructions are where to say so.
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (§ 21-2601.09). If it starts on incapacity and no one is named to decide, a written determination by a physician, or in some cases an attorney, judge or government official, triggers it.
Under § 21-2601.10, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation." That's the filing, not the final decree.
A court-appointed conservator doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court." If your parent names coagents, each can act independently unless the document says otherwise.
What does the agent have to do?
Under § 21-2601.14, whatever the document says, an agent must act according to your parent's known reasonable expectations, otherwise in their best interest, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, act with care and diligence, and "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective government agency asks for those records, the agent has 30 days to comply or explain why more time is needed. When signing for your parent, the form tells the agent to sign as "(Principal's Name) by (Your Signature) as Agent." Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a D.C. power of attorney?
Yes, on a clock, unless one of the statute's listed exceptions applies. Under § 21-2601.20, "A person shall either accept an acknowledged power of attorney or request a certification, translation, or opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. A person "may not require an additional or different form of power of attorney for authority granted in the power of attorney presented."
The statute lists reasons a bank can still refuse, including a good-faith belief the document isn't valid, a report to Adult Protective Services or the Department of Aging and Community Living about suspected abuse or exploitation by the agent, or knowledge that the agent has been charged with an intrafamily offense against your parent. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs.
Does a D.C. power of attorney need to be recorded?
For selling or granting real estate, yes. Under § 21-2603.03, a power of attorney that lets the agent "sell, grant, or release any interest in real property" must 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." It must also carry a notice at the top of the front page, with your parent initialing whether it covers all their real property or only a specific property.
A power of attorney recorded with the Recorder of Deeds can be revoked by recording a revocation there.
How do you get a power of attorney for an elderly parent in D.C.?
Your parent makes it, signing and acknowledging it before a notary while they're still able to. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects with your parent; they initial only what they want to grant, including any specific powers such as gifts.
- If real estate may be sold, add the real property notice required by § 21-2603.03.
- Your parent signs and acknowledges it before a notary; without that step it isn't valid.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in D.C.?
Revocation by your parent ends a power of attorney under § 21-2601.10, and apart from recorded real estate powers, the act doesn't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Signing a new power of attorney doesn't cancel an older one unless the new one says so.
How much does a power of attorney cost in D.C.?
The statutory form is free. Notary fees are capped by rule: the maximum for "Taking an acknowledgment or a verification upon oath or affirmation" is $5.00 (17 DCMR § 2425), and the same schedule lists $25.00 for remote notarial acts (17 DCMR § 2425). A notary can add copying costs and, if agreed in advance, a travel fee. "A District of Columbia Government Notary shall not charge a fee for notarial acts performed in that capacity," and the Department of Aging and Community Living lists a "DC Office on Aging Notary Public Service" at 500 K Street NE.
Frequently asked questions
Does a power of attorney need to be notarized in D.C.?
Yes. Under D.C. Code § 21-2601.05(b), a power of attorney "is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgment." Signing alone isn't enough. The statutory form ends with a notary block, and a D.C. government notary can't charge for notarial acts performed in that capacity.
Does a D.C. power of attorney need witnesses?
The act sections we read don't require witnesses for a financial power of attorney, and D.C.'s statutory form has no witness lines. A power of attorney used to sell real estate must be executed in the same manner as a deed. A health care power of attorney is different: it needs two adult witnesses.
Where can I get a D.C. power of attorney form?
The District of Columbia Statutory Power of Attorney Form is printed in D.C. Code § 21-2603.01 on the D.C. Council's code website. Using it is optional; a document drafted for your parent's situation also works. Whatever the source, it must be acknowledged before a notary to be valid.
Can a D.C. power of attorney make medical decisions?
No. The act doesn't apply to "A power to make health-care decisions," and the statutory form says so. D.C. uses a separate durable power of attorney for health care under the Health-Care Decisions Act, signed with two adult witnesses. Our guide to D.C.'s medical power of attorney explains it.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it and acknowledge it before a notary. If your parent can no longer make that decision, a court guardianship or conservatorship may be the remaining route. A power of attorney can nominate a conservator for the court to consider.
Is a power of attorney from another state valid in D.C.?
Yes, if it met the right law when signed. Under D.C. Code § 21-2601.06, a power of attorney executed outside the District is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in D.C. it isn't valid without a notary. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- D.C. Code Title 21, Chapter 26, Uniform Power of Attorney Act: execution (§ 21-2601.05), durability (§ 21-2601.04), validity and out-of-state powers (§ 21-2601.06), effective date (§ 21-2601.09), termination (§ 21-2601.10), compensation (§ 21-2601.12), duties (§ 21-2601.14), acceptance (§§ 21-2601.19, 21-2601.20), express grants (§ 21-2602.01), the statutory form (§ 21-2603.01) and real estate (§ 21-2603.03); published by the Council of the District of Columbia.
- D.C. Law 24-236, Uniform Power of Attorney Amendment Act of 2022: the enacting law and its effective date.
- 17 DCMR § 2425, Fees for notarial acts: the maximum notary fees.
- D.C. Department of Aging and Community Living, Legal services for seniors: the notary public service listing.
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