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 subchapter.Amended by D.C. Law 24-9,§ VIII-810, 68 DCR 004824, eff. 6/24/2021, exp. 2/4/2022.Amended by D.C. Act 23-405,§ VIII-810, 67 DCR 9400, eff. 8/19/2020. 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; June 8, 2020, D.C. Act 23-328, § 810(b)(4), 0 DCR 0.Applicability
Section 7011 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-72.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.
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.
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. .