Financial Power of Attorney

DISTRICT OF COLUMBIA DURABLE FINANCIAL POWER OF ATTORNEY

REAL-PROPERTY NOTICE

This power of attorney authorizes the person named below as my agent to sell, lease, grant, encumber, release, or otherwise convey an interest in my real property and to execute deeds and other instruments for me. I give my agent this power for (initial one):

[____] All my real property.

[____] Only the specific property described as follows: [PROPERTY DESCRIPTION].

If no real-property authority is granted in Section 5, this notice does not independently grant that authority.

This instrument is intended to operate under the District of Columbia Uniform Power of Attorney Act of 2022, D.C. Code § 21-2601.01 et seq. It concerns property and financial matters and does not authorize health-care decisions.

1. Principal

I, [PRINCIPAL NAME], of [PRINCIPAL ADDRESS], create this power of attorney.

2. Agent

I appoint:

Name: [AGENT NAME]

Address: [AGENT ADDRESS]

Telephone: [AGENT TELEPHONE]

Email: [AGENT EMAIL]

as my agent.

3. Successor Agents

If my agent is unable or unwilling to act, I appoint:

First successor agent: [NAME, ADDRESS, TELEPHONE, EMAIL]

If that successor agent is unable or unwilling to act, I appoint:

Second successor agent: [NAME, ADDRESS, TELEPHONE, EMAIL]

A successor agent has the authority granted to the original agent and does not act until all predecessor agents have ceased serving, unless I provide otherwise in the Special Instructions. See D.C. Code § 21-2601.11.

4. Effective Date and Durability

Choose one:

☐ This power of attorney is effective when executed.

☐ This power of attorney becomes effective on: [DATE].

☐ This power of attorney becomes effective upon this event or contingency: [DESCRIBE EVENT AND WHO MAY DETERMINE THAT IT OCCURRED IN A WRITING OR OTHER RECORD].

If no choice is made, this power of attorney is effective when executed under D.C. Code § 21-2601.09.

This power of attorney is not terminated by my later incapacity. A power created under the Act is durable unless it expressly provides otherwise. See D.C. Code § 21-2601.04.

5. General Authority

Initial each subject for which authority is granted. Instead of initialing each subject, the Principal may initial All Preceding Subjects. Each selection incorporates the statutory authority for that subject under D.C. Code §§ 21-2602.02 and 21-2602.03.

6. Specific Authority

My agent may not perform an act listed below unless I initial that authority. Granting any of these powers can significantly reduce my property or change how it passes at death.

These authorities are governed by D.C. Code § 21-2602.01. The limitations in that section apply even when a box is initialed.

7. Special Instructions and Limitations

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

The Special Instructions control over a conflicting general grant.

8. Compensation and Expenses

Choose one:

☐ An individual agent is not entitled to compensation but is entitled to reimbursement of expenses reasonably incurred on my behalf.

☐ My agent is entitled to compensation on these terms: [COMPENSATION TERMS].

☐ Other: [TERMS].

If no choice is made, D.C. Code § 21-2601.12 controls. That section distinguishes an individual agent from a bank, trust company, or similar institutional fiduciary.

9. Nomination of Guardian or Conservator

If a court determines that a guardian or conservator should be appointed for me, I nominate:

Guardian: [NAME AND ADDRESS]

Conservator: [NAME AND ADDRESS]

This nomination does not itself appoint a guardian or conservator.

10. Agent's Duties

An agent who accepts appointment must comply with D.C. Code § 21-2601.14. The duties that the instrument cannot change include acting according to my reasonable expectations when actually known and otherwise in my best interest, acting in good faith, and acting only within the authority granted.

Unless lawfully modified in the Special Instructions, the agent shall also comply with the duties in § 21-2601.14(b), including loyalty, impartiality, care, recordkeeping, cooperation with health-care decision makers, and appropriate efforts to preserve my estate plan.

11. Prior Powers and Termination

Choose one:

☐ I revoke all prior property and financial powers of attorney executed by me.

☐ I revoke only this prior power or authority: [IDENTIFY].

☐ I preserve prior powers except to the extent they conflict with this instrument.

A later power of attorney does not automatically revoke an earlier one unless the later instrument says that it does. This power and the agent's authority terminate as provided by D.C. Code § 21-2601.10.

An agent may resign by giving the notice required by D.C. Code § 21-2601.18 unless the Special Instructions establish a different method.

12. Judicial Relief and Liability

D.C. Code § 21-2601.16 permits specified persons to petition a court to construe this instrument, review the agent's conduct, and grant appropriate relief. An agent who violates the Act is subject to the remedies in D.C. Code § 21-2601.17.

This instrument does not impose arbitration, an exclusive forum, a liability cap, or a pre-dispute jury waiver. D.C. Code § 21-2601.19(g) bars reliance on a purported waiver of the principal's jury-trial right before a dispute has arisen.

13. Copies, Acceptance, and Reliance

Except as another statute provides, a photocopy or electronically submitted copy has the same effect as the original under D.C. Code § 21-2601.06(d).

Acceptance and reliance on an acknowledged power of attorney are governed by D.C. Code §§ 21-2601.19 and 21-2601.20. A person asked to accept this power may request an agent certification, English translation, or opinion of counsel as permitted by § 21-2601.19(d).

14. Principal's Signature and Mandatory Acknowledgment

A District power of attorney executed under the Act is not valid unless it is acknowledged before a notary public or another individual authorized by law to take acknowledgments. See D.C. Code § 21-2601.05.

Date: [__/__/____]

Principal's signature: ______________________________________

Printed name: [PRINCIPAL NAME]

Notarial Acknowledgment

District of Columbia

On [DATE], before me, the undersigned officer, personally appeared [PRINCIPAL NAME], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged executing it for its stated purposes.

Signature of notary public or other authorized officer:

______________________________________

Printed name and title: [NAME AND TITLE]

Commission expiration: [DATE]

15. Optional Agent Acknowledgment

I, [AGENT NAME], acknowledge receipt of this instrument. I understand that accepting appointment by conduct or exercising authority subjects me to the instrument and the duties imposed by District law.

Agent's signature: ______________________________________

Date: [__/__/____]

16. Real-Estate Use Instructions

If this power authorizes the agent to sell, grant, or release an interest in real property, D.C. Code § 21-2603.03 requires execution in the same manner as a deed and recording with or before the deed executed under the power. If this power is recorded first, the later deed must identify the recording date and instrument number of the recorded power.

Sources and References

• D.C. Law Library, Uniform Power of Attorney Act: https://code.dccouncil.gov/us/dc/council/code/titles/21/chapters/26
• D.C. Code § 21-2603.01, statutory form: https://code.dccouncil.gov/us/dc/council/code/sections/21-2603.01
• D.C. Code § 21-2603.03, real-estate notice and recording: https://code.dccouncil.gov/us/dc/council/code/sections/21-2603.03