District of Columbia: Power of Attorney Requirements

The short answer

The District of Columbia adopted the modern Uniform Power of Attorney Act
effective February 23, 2023, codified at D.C. Code chapter 26 of Title 21. A
financial power of attorney must be signed by the principal — or, in the
principal's conscious presence, by another person directed to sign the
principal's name — and that signature must be acknowledged before a notary.
DC is an outlier among UPOAA jurisdictions on this point: notarization is a
validity requirement, not just a genuineness presumption. No witnesses are
required. A DC power of attorney is durable by default, surviving the
principal's later incapacity unless the document expressly says otherwise.

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 of 2022, D.C. Code chapter 26
of Title 21 (§§ 21-2601.01 to 21-2604.03), enacted by D.C. Law 24-244 (Council
bill B24-0121). A power of attorney executed in the District before that date
remains valid if it complied with the law in effect when it was executed
(§ 21-2601.06(b)) — which, before 2023, was the older 1998 Uniform Statutory
Form Power of Attorney Act (§ 21-2101 et seq.), a bare statutory-form
provision without a general execution-requirements chapter.

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.

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 Uniform Power of Attorney Act of 2022 as codified
in the D.C. Code, accessed 2026-07-04.

• 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 § 21-2601.07 — "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)