The District of Columbia's health care decisions law (DC Code § 21-2201 et seq.) governs advance directives and the appointment of healthcare agents. Without a properly executed DC advance directive, medical staff cannot legally act on your agent's authority — and your wishes may never be communicated at all.
DC is a city of mobile professionals who regularly receive care across DC, Maryland, and Virginia. A healthcare directive that works in only one jurisdiction is not enough.
DC's Default Decision-Maker Order — Without Your Healthcare Directive
- ✕Guardian → spouse/domestic partner → adult children → parents → adult siblings
- ✕Unmarried partners not legally recognized as domestic partners may fall outside this list — regardless of the relationship's depth or length
Family Conflict at DC Hospitals
Families at GWU Medical Center, Georgetown Hospital, and MedStar regularly face situations where a patient cannot communicate, no directive exists, and family members disagree about treatment. A written advance directive eliminates this — for less than one hour of legal fees.
Your DC Healthcare Documents
Two Documents That Work Together
DC DPOA for Health Care
Who decides for you
Names your healthcare agent to consent to or refuse treatment, choose providers, and make end-of-life decisions. Requires two witnesses who are not the agent, provider, or any employee of the provider. Takes effect when physician certifies your incapacity.
DC Declaration (Living Will)
What you want
Expresses your wishes about life-sustaining treatment, artificial nutrition, resuscitation, and end-of-life care. Guides your agent and provides legal protection for providers who follow your wishes.
The Path Forward
Four Steps to Protecting Your DC Healthcare Wishes
1
Consultation — Name Your Agent and Clarify Your Values
We discuss who you trust with medical decisions, what circumstances worry you most, and what specific preferences you want documented. We do not rush this conversation.
2
Document Drafting — DPOA-HC and Declaration
We draft your DC Durable Power of Attorney for Health Care and Declaration — compliant with DC Code § 21-2201 et seq. and including cross-jurisdiction recognition language for Maryland and Virginia where appropriate.
3
Execution — Two Witnesses, Properly Qualified
We coordinate signing with two witnesses who meet DC's requirements — not the agent, not a healthcare provider, not any employee of the facility. Full compliance with DC Code § 21-2205.
4
Distribution — Your Doctor, Agent, and DC Health Facilities
We advise on sharing copies with your primary physician, your agent, and any DC healthcare facility where you regularly receive care — so the directive is accessible when needed, not locked in a filing cabinet.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil drafts DC healthcare directives from our 1700 K Street NW office that are accepted at GWU Medical Center, Georgetown University Hospital, MedStar, and federal healthcare facilities. He takes time to understand your values before drafting — so your document reflects real decisions, not a generic form.
View Full Profile → Common Questions About DC Healthcare Directives
What is a DC Durable Power of Attorney for Health Care?
A DC healthcare DPOA designates a healthcare agent to make medical decisions on your behalf when you lack capacity. Your agent can consent to or refuse treatment, choose providers, and make end-of-life decisions. DC's form requires two witnesses who may not be the healthcare agent, the healthcare provider, or any employee of the healthcare provider.
What is a DC Declaration (Living Will)?
A DC Declaration expresses your wishes about life-sustaining treatment, artificial nutrition, resuscitation, and other end-of-life decisions. It guides your healthcare agent and provides legal protection for providers who follow your wishes.
Does my DC advance directive work in Maryland or Virginia?
Maryland and Virginia generally recognize advance directives from other states under interstate reciprocity provisions. However, if you regularly split time between DC and neighboring states, we draft DC documents with cross-state recognition language to minimize any ambiguity.
What if I receive care at a federal facility?
If you receive care through a federal facility or VA, ensure your advance directive is in their system before it's needed. We advise on distribution and registration at federal healthcare facilities.
Ready to protect your medical wishes in DC? Schedule your DC healthcare directives consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
