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 situated within 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.