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.
CREDIT(S)
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-2081.
Legislative History of Laws
For legislative history of D.C. Law 6-204, see Historical and Statutory Notes following § 21-2001.
Uniform Law
This section is based upon § 1 of the Uniform Durable Power of Attorney Act. See 8A Uniform Laws Annotated, Master Edition, or ULA Database on WESTLAW.