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The DC Code: § 21-2206 Rights and duties of attorney in fact.

Index21 Fiduciary Relations and Persons with Mental Illness. (Refs & Annos)
a
Subject to any express limitations in the durable power of attorney for health care, an attorney in fact shall have all the rights, powers and authority related to health-care decisions that the principal would have under District and federal law. This authority shall include, at a minimum:
1
The authority to grant, refuse or withdraw consent to the provision of any health-care service, treatment, or procedure;
2
The right to review the health care records of the principal;
3
The right to be provided with all information necessary to make informed health-care decisions;
4
The authority to select and discharge health-care professionals; and
5
The authority to make decisions regarding admission to or discharge from health-care facilities and to take any lawful actions that may be necessary to carry out these decisions.
b
(1) Except as provided in paragraph (2) of this subsection and unless a durable power of attorney for health care provides otherwise, the designated attorney in fact, if known to a health-care provider to be available and willing to make a particular health-care decision, shall have priority over any other person to act for the principal in all matters regarding health care.
2
A designated attorney in fact shall not have the authority to make a particular health-care decision, if the principal is able to give or withhold informed consent with respect to that decision.
c
In exercising authority under a durable power of attorney for health care, the attorney in fact shall have a duty to act in accordance with:
1
The wishes of the principal as expressed in the durable power of attorney for health care; or
2
The good faith belief of the attorney in fact as to the best interests of the principal, if the wishes of the principal are unknown and cannot be ascertained.
d
Nothing in this chapter shall affect any right that an attorney in fact may have, independent of the designation in a durable power of attorney for health care, to make or otherwise participate in health-care decisions on behalf of the principal.

Historical and Statutory

Prior Codifications 1981 Ed., § 21-2206. Legislative History of Laws For legislative history of D.C. Law 7-189, see Historical and Statutory Notes following § 21-2201. For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 21-2201. DC CODE § 21-2206 Current through December 11, 2012

Credits

(Mar. 16, 1989, D.C. Law 7-189, § 7, 35 DCR 8653; Feb. 5, 1994, D.C. Law 10-68, § 23(g), 40 DCR 6311.)