2013 District of Columbia Code
Division III — DECEDENTS' ESTATES AND FIDUCIARY RELATIONS
Title 21 — FIDUCIARY RELATIONS AND PERSONS WITH MENTAL ILLNESS
Chapter 22 — HEALTH-CARE DECISIONS
Section 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) "This power of attorney shall not be affected by the subsequent incapacity of the principal."; or
(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 chapter.

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.)

Annotations
Cross References. Forms for creating a durable power of attorney for health care, see § 21-2207.
Patient or client records, obtaining from health care providers, see § 3-1210.11.

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.

Prior Codifications. 1981 Ed., § 21-2205.

Legislative History of Law 7-189. For legislative history of D.C. Law 7-189, see Historical and Statutory Notes following § 21-2201.

Legislative History of Law 10-68. For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 21-2201.

Legislative History of Law 11-255. Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

Legislative History of Law 12-81. For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 21-2201.