Power of Attorney Requirements in District of Columbia

At a glance

Requirements one by one

Governing law

Financial powers of attorney executed on or after February 23, 2023 are governed by the Uniform Power of Attorney Act, D.C. Code chapter 26 of Title 21. D.C. Law 24-236, introduced as Council Bill 24-121, created the chapter; the official law record and § 21-2601.06 identify February 23, 2023 as the effective date. A power executed in the District before that date remains valid if its execution complied with District law then in effect. Former § 21-2101, which supplied the old statutory form, is now repealed.

Who must sign

The principal signs the power of attorney, or, "in the principal's conscious presence," directs another individual to sign the principal's name on it (§ 21-2601.05(a)).

Notarization

Mandatory. Section 21-2601.05(b) states plainly: "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." This is stricter than the standard UPOAA pattern used in many other states, where notarization only creates a presumption of genuineness rather than being required for validity — DC's law states both rules side by side, but subsection (b) makes acknowledgment mandatory.

Witnesses

None required by statute. Section 21-2601.05 conditions validity only on signature and notarial acknowledgment.

Statutory form

Yes, but optional. DC publishes a "District of Columbia Statutory Power of Attorney Form" at § 21-2603.01, with a companion optional Agent's Certification form at § 21-2603.02. A document that satisfies § 21-2601.05 is valid without using either form.

The former statutory form at § 21-2101 was repealed when chapter 26 took effect. That repeal does not retroactively invalidate an older power: § 21-2601.06(b) tests a pre-February 23, 2023 instrument under the execution law in force when it was signed.

Durable by default?

Yes. Section 21-2601.04 states: "A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal." Silence about incapacity means the power of attorney survives it.

Springing POA allowed?

Yes. The statutory form itself states that the power of attorney "is effective immediately unless I have stated otherwise in the Special Instructions" (§ 21-2603.01), and the companion Agent's Certification form contemplates a power of attorney "drafted to become effective upon the happening of an event or contingency" (§ 21-2603.02). Chapter 26 does not name a mechanism (such as a physician's certification) for determining when that event has occurred, so a springing document should specify one.

Real estate extras

If the power of attorney authorizes the agent to sell, grant, or release an interest in real property, it "shall 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," and if the power of attorney is recorded first, the later deed must reference its recording data (§ 21-2603.03). Any power of attorney granting real-estate authority must also carry a specific notice legend at the top of its front page, quoted in § 21-2603.03, describing the scope of the real-property authority granted.

Out-of-state POAs

Yes. A power of attorney executed outside the District is valid in DC if its execution complied with the law of the jurisdiction that determines its meaning and effect — ordinarily the jurisdiction named in the document, or, if none is named, the jurisdiction where it was executed (§ 21-2601.07) — or with the federal military power-of-attorney statute, 10 U.S.C. § 1044b (§ 21-2601.06(c)).

What trips people up

• Notarization isn't optional here, unlike in many other UPOAA states. Some UPOAA jurisdictions let an unnotarized signature stand (just without the genuineness presumption); DC's § 21-2601.05(b) makes the acknowledgment itself a condition of validity.
• Real estate use requires recording the power of attorney itself, not just the deed. Section 21-2603.03's "executed in the same manner as a deed and ... recorded with or prior to the deed" rule is easy to miss if you only think about recording the deed the agent signs.
• Documents signed before February 23, 2023 are graded under the old law. Because § 21-2601.06(b) preserves validity under the law in effect at execution, an older DC power of attorney shouldn't be assumed to meet the new chapter 26 requirements, and vice versa.

Common questions

Do I need a notary for a DC power of attorney? Yes. Under § 21-2601.05(b), a power of attorney is not valid unless the principal's signature is acknowledged before a notary or another officer authorized to take acknowledgments.

Does DC require witnesses on a power of attorney? No. Chapter 26 imposes no witness requirement.

Is my DC power of attorney durable automatically? Yes. Under § 21-2601.04, it is durable unless the document expressly says it terminates on your incapacity.

Will an out-of-state power of attorney work in DC? Yes, if it was validly executed under the law that governs its meaning and effect — usually the state named in the document, or the state of execution — under § 21-2601.06(c).

Statutes and sources

All quotations are from the current D.C. Code, accessed 2026-08-16.

• D.C. Code § 21-2601.01 — This chapter may be cited as the "Uniform Power of Attorney Act". View official text (code.dccouncil.gov)

• D.C. Code § 21-2601.04 — "A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal." View official text (code.dccouncil.gov)

• D.C. Code § 21-2601.05 — "A power of attorney 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.... 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." View official text (code.dccouncil.gov)
• D.C. Code § 21-2601.06 — "A power of attorney executed other than in the District is valid in the District if, when the power of attorney was executed, the execution complied with: (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 21-2601.07; or (2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b." View official text (code.dccouncil.gov)
• D.C. Code § 21-2101 — the former statutory-form section is marked "[Repealed]." View official text (code.dccouncil.gov)
• D.C. Code § 21-2601.07 — "The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed." View official text (code.dccouncil.gov)
• D.C. Code § 21-2603.03 — "If a power of attorney authorizes the agent to sell, grant, or release any interest in real property, it shall 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." View official text (code.dccouncil.gov)
• D.C. Code § 21-2603.01 — "A document substantially in the following form ... may be used to create a statutory power of attorney form that has the meaning and effect prescribed by this chapter.... This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions." View official text (code.dccouncil.gov)
• D.C. Code § 21-2603.02 — optional agent certification for a power drafted to become effective on an event or contingency. View official text (code.dccouncil.gov)