D.C. Code § 21-2205 – Durable power of attorney for health care.

(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 particular health-care decision.
(b) A 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:
1. (1) “This power of attorney shall not be affected by the subsequent incapacity of the principal.” ; or
2. (2) “This power of attorney becomes effective upon the incapacity of the principal.”
(c) A 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.
(d) Of 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.
(e) Any 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.

History

Mar. 16, 1989, D.C. Law 7-189, § 6, 35 DCR 8653

Feb. 5, 1994, D.C. Law 10-68, § 23(f), 40 DCR 6311

Apr. 9, 1997, D.C. Law 11-255, § 20(e), 44 DCR 1271

Mar. 24, 1998, D.C. Law 12-81, § 14(aa), 45 DCR 745

Feb. 27, 2016, D.C. Law 21-72, § 2(c)(3), 63 DCR 208

Effect of Amendments

The 2016 amendment by D.C. Law 21-72 substituted “subchapter” for “chapter” in (e).

Prior Codifications

1981 Ed., § 21-2205.

Section References

This section is referenced in § 7-651.01, § 7-1231.02, § 7-1231.07, § 7-1301.03, § 7-1305.04, § 7-1305.06a, § 7-1305.06b, § 7-1305.07a, and § 21-2207.

Cross References

Patient or client records, obtaining from health care providers, see § 3-1210.11.

Forms for creating a durable power of attorney for health care, see § 21-2207.

Applicability

Applicability of D.C. Law 21-72: § 4 of D.C. Law 21-72 provided that the change made to this section by § 2 of D.C. Law 21-72 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.

Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72. Therefore the creation of this section by D.C. Law 21-72 has been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) repeal of § 4 of D.C. Law 21-72, see § 7011 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 3(ff)(2)(B) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 810(b)(4) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 3(ff)(2)(B) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).