There are a few important things you need to know before signing a Washington DC POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.
To be considered competent to sign a contract, parties must:
- Be over 18 years of age
- Show they are mentally competent
- Demonstrably understand the powers being granted
If you choose a financial institution as an Agent, they must have trust powers and a registered office in Washington DC.
Also, there are set rules in place in Washington DC which police how a completed Power of Attorney must be signed and put into action. DC law (§ 21–2101) dictates in this case that:
- The Principal and Agent must both sign the document.
- The signing must be overseen by a notary public, who will also sign.
- If you create an advanced directive, living will, or medical power of attorney you will need 2 witnesses present at the document signing.
- If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situatedwithin 30 days of signing.
- A notary public must also be present at the signing to notarize the document.
You won’t need a notary or witnesses to sign a Tax or Vehicle Power of Attorney, however. In these cases, only the principal needs to sign in order for them to be effective.