District of Columbia Living Will Requirements
Based on DC Code §21-2201 through §21-2213 (Health-Care Decisions Act)
Quick Summary
- Document type: Advance Directive
- 2 witnesses required
- Notarization not required
- Ombudsman witness required if signed in a care facility
Witness Requirements
District of Columbia requires 2 witnesses who are present when you sign your advance directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be the person designated as the declarant's attorney in fact (health care agent)
- A witness cannot be the declarant's health care provider or an employee of the declarant's health care provider
- At least one witness must not be related to the declarant by blood, marriage, or adoption and must not be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot be directly financially responsible for the declarant's medical care
- If the declarant is a patient in an intermediate care or skilled care facility, one witness must be a patient advocate or ombudsman designated by the Department of Disability Services or the Office of the Long-Term Care Ombudsman
When Your Living Will Takes Effect
Your District of Columbia living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable condition caused by injury, disease, or illness which, regardless of the application of life-sustaining procedures, would, within reasonable medical judgment, produce death and where the application of life-sustaining procedures serves only to postpone the moment of death of the patient.
Persistent Vegetative State
A persistent vegetative state is a condition of sustained complete loss of higher brain function (cerebral cortical function) resulting in the permanent loss of consciousness, self-awareness, and the capacity for interaction with the environment, as diagnosed in accordance with currently accepted medical standards.
Irreversible Condition
The District of Columbia does not define a separate "irreversible condition" trigger. The primary triggering condition is terminal condition as defined in the Health-Care Decisions Act.
Important Notes for District of Columbia
- The District of Columbia follows the Health-Care Decisions Act (DC Code §21-2201 through §21-2213)
- A declaration must be: (1) in writing, (2) signed by the declarant or by another person in the declarant's presence and at the declarant's express direction, (3) dated, and (4) signed in the presence of two or more witnesses at least 18 years of age (DC Code §21-2205)
- Notarization is not required by DC law, but it may strengthen the document's validity
- The Health-Care Decisions Amendment Act of 2015 (DC Law 21-72) updated the original act with expanded provisions
- A durable power of attorney for health care, living will, and anatomical gift declaration may all be combined into one advance directive document
- A declaration may be revoked at any time by the declarant without regard to mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke
- DC law recognizes advance directives validly executed in other jurisdictions
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.