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DC B24-0121

Legislation

State: Washington DC
Signed: November 21, 2022

Effective: March 10, 2023
Chapter: Law No. 24-0236

Summary
District of Columbia B24-0121 enacts the Uniform Power of Attorney Act (UPOAA), granting a presumption of genuineness to a power of attorney that is acknowledged before a Notary Public or notarial officer.
Affects
Adds Chapter 26 to Title 21 of the District of Columbia Code.
Changes
  1. Enacts the Uniform Power of Attorney Act.
  2. Requires a power of attorney to be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.
  3. Provides that a power of attorney executed under the UPOAA is not valid unless it is acknowledged before a Notary or other individual authorized by law to take acknowledgment.
  4. Provides that a signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a Notary Public or other individual authorized by law to take acknowledgments.
  5. Exempts from the Act: (a) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) a power to make health care decisions; (c) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; or (d) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
  6. Provides a statutory power of attorney form with an acknowledgment certificate.
Analysis

The District of Columbia adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act does not require a power of attorney to be acknowledged before a Notary Public but grants a presumption of genuineness to any power of attorney that is. Notaries should take note that the Act also permits a power of attorney to be signed by another person in the principal's conscious presence if the person is directed to sign by the principal and signs in front of the Notary. In line with other states that have adopted the Act, the District’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized.

Read B24-0121.

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