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District of Columbia Statutory Power of Attorney for Health Care

District Of Columbia Durable Power Of Attorney For Health Care

Category:

Power of Attorney - Healthcare - Living Wills

State:

District of Columbia

Control #:

DC-P014

Format:

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Description

The District of Columbia durable power of attorney for health care is a crucial legal document that allows individuals to appoint an attorney in fact to make health-care decisions on their behalf when they are unable to do so. This form ensures that the appointee can consent to, refuse, or withdraw consent for medical treatments and procedures. Importantly, individuals retain the right to make their own health-care decisions as long as they are mentally competent, and they can specify treatments they do not want or those they want to receive. Users can revoke the authority granted to their attorney in fact by notifying them orally or in writing, with written revocation recommended for clarity. This form is especially useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a standardized approach to safeguarding clients' health-care wishes. For those in the legal profession, understanding the intricacies of this document can enhance their ability to assist clients in making informed medical decisions. It is advisable for users to keep copies on file and provide one to their appointed attorney in fact and ensure it's included in medical records if applicable. Overall, this form emphasizes autonomy in health-care decisions, ensuring that individuals' preferences are respected when they cannot communicate them.

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Power of Attorney and Living Will / Health Care Directive

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FAQ

Notarization RequirementYou must sign your POA in the presence of a notary public for it to be valid in District of Columbia.

If a power of attorney is durable, it remains in effect if you become incapacitated, such as due to illness or an accident. Durable powers of attorney help you plan for medical emergencies and declines in mental functioning and can ensure that your finances are taken care of.

Durable Power of Attorney forms which identify a decision maker related to medical decision- making (as part of a Medical Advance Directive) are available to patients and their families in the hospital. To obtain a form, you may ask your nurse.

A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your agent) instructions about the kinds of medical treatment you want.

Durable power of attorney for health care is a legal document that gives another person the authority to make a medical decision for an individual. The person named to represent the individual is referred to as an agent or attorney-in-fact.

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Statutory Power of Attorney for Health Care

Power of Attorney and Health Care - General - District of Columbia

An "attorney in fact" is the person who receives power of attorney for health-care decisions pursuant to the provisions of Title 21, Chapter 22.

A "durable power of attorney for health care" is a legally enforceable document that:

Is executed in the District in a manner consistent with this chapter or validly executed in another jurisdiction pursuant to similar provisions of the law of that jurisdiction; and

Creates a power of attorney for health-care decisions, which is effective upon, and only during incapacitation and is unaffected by the subsequent disability or incapacity of the principal.

An "incapacitated individual" is an adult individual who lacks sufficient mental capacity to appreciate the nature and implications of a health-care decision, make a choice regarding the alternatives presented or communicate that choice in an unambiguous manner.

A "principal" means a person who is competent to make health-care decisions for his or her own benefit or on his or her own account.

An individual is presumed capable of making health-care decisions unless certified otherwise under § 21-2204. Mental incapacity to make a health-care decision is be inferred from the fact that an individual:

Has been voluntarily or involuntarily hospitalized for mental illness pursuant to § 21-501 et seq.;
Is mentally retarded or has been determined by a court to be incompetent to refuse commitment under § 6-1901 et seq.; or
Has a conservator or guardian appointed pursuant to § 21-1501 et seq. or § 21-2001 et seq.<

Mental incapacity to make a health-care decision must be certified by two physicians who are licensed to practice in the District and are qualified to make a determination of mental incapacity. One of the two certifying physicians shall be a psychiatrist. Both certifying physicians shall give an opinion regarding the cause and nature of the mental incapacity as well as its extent and probable duration.

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.

A durable power of attorney for health care must 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 must include language identical or substantially similar to the following:

This power of attorney shall not be affected by the subsequent incapacity of the principal."; or
"This power of attorney becomes effective upon the incapacity of the principal."<

A durable power of attorney for health care shall be dated and signed by the principal and two adult witnesses who affirm that the principal was of sound mind and free from duress at the time of signing. The two adult witnesses cannot include the principal, the health-care provider of the principal or an employee of the health-care provider of the principal.

Of the 2 adult witnesses, at least one cannot 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.

Any written form meeting the requirements of § 21-2205 may be used to create a durable power of attorney for health care. The statutory form is a sample only and does not preclude the use of alternative language.

At any time that the principal has the capacity to create a durable power of attorney for health care, the principal may revoke the appointment of the attorney in fact under a durable power of attorney for health care by notifying the attorney in fact orally or in writing or revoke the authority to make health-care decisions granted to the attorney in fact under a durable power of attorney for health care by notifying the health-care provider orally or in writing.

If a health-care provider is notified of a revocation, the health-care provider shall document this fact in the patient-care records of the principal and make a reasonable effort to notify the attorney in fact of the revocation.

There is a rebuttable presumption that a principal has the capacity to revoke a durable power of attorney for health care.

Unless it expressly provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health-care decisions only.

Unless a durable power of attorney for health care expressly provides otherwise, and after its execution the marriage of the principal is dissolved or annulled, the dissolution or annulment shall automatically revoke a designation of the former spouse as an attorney in fact to make health-care decisions for the principal. If a designation is revoked solely on account of this subsection, it shall be revived by the remarriage of the principal to the former spouse but may be subsequently revoked by an act of the principal.

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