Updated August 3, 2026. Quick answer: Must be signed by the principal (or by another individual in the principal’s conscious presence, at the principal’s direction) and acknowledged before a notary public or other individual authorized to take acknowledgments; the statute states the power of attorney ‘is not valid unless’ notarized. No witness requirement.. This state puts a form in its statute. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | Must be signed by the principal (or by another individual in the principal’s conscious presence, at the principal’s direction) and acknowledged before a notary public or other individual authorized to take acknowledgments; the statute states the power of attorney ‘is not valid unless’ notarized. No witness requirement. |
| Statutory form | Yes — D.C. Code § 21-2603.01 |
| Durability | Durable by default |
| Who may not witness | none stated (no witnesses are required) |
| Agent must accept in writing | No |
| Statute | D.C. Code Title 21, Chapter 26 (“Uniform Power of Attorney Act”), §§ 21-2601.01 to 21-2604.03 |
What decides whether the document is valid
Must be signed by the principal (or by another individual in the principal’s conscious presence, at the principal’s direction) and acknowledged before a notary public or other individual authorized to take acknowledgments; the statute states the power of attorney ‘is not valid unless’ notarized. No witness requirement. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: none stated (no witnesses are required) This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The statutory form
District of Columbia sets out a form in its statute at D.C. Code § 21-2603.01, but does not publish a free ready-to-use copy. Using the statutory form generally means transcribing it from the statute.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
District of Columbia addresses this by statute: Yes – D.C. Code § 21-2601.20: a person must accept an acknowledged power of attorney or request a certification/translation/opinion of counsel within 7 business days of presentation, and, if such documentation is provided, must accept within 5 business days of receipt. Wrongful refusal is subject to a court order compelling acceptance and liability for reasonable attorney’s fees and costs, subject to listed exceptions (no ordinary business relationship, conflict with federal law, actual knowledge of termination, good-faith doubt about validity/authority, etc.).
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.