A durable power of attorney is a power of attorney by which a principal designates, in writing, another as his or her attorney in fact and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time”, or “This power of attorney shall become effective upon the disability or incapacity of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
1981 Ed., § 21-2081.
This section is referenced in § 21-2102.
Durable power of attorney, sufficiency under uniform general power of attorney provisions, see § 21-2102.
Uniform Law: This section is based upon § 1 of the Uniform Durable Power of Attorney Act.
Structure District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]
Chapter 20 - Guardianship, Protective Proceedings, and Durable Power of Attorney
Subchapter VII - Durable Power of Attorney
§ 21–2082. Durable power of attorney not affected by incapacity
§ 21–2083. Relation of attorney in fact to court-appointed fiduciary
§ 21–2084. Power of attorney not revoked until notice
§ 21–2085. Proof of continuance of durable and other powers of attorney by affidavit