reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.10. Termination of power of attorney or agent's authority

§ 21–2601.10. Termination of power of attorney or agent's authority.
(a) A power of attorney terminates when:
(1) The principal dies;
(2) The principal becomes incapacitated, if the power of attorney is not durable;
(3) The principal revokes the power of attorney;
(4) The power of attorney provides that it terminates;
(5) The purpose of the power of attorney is accomplished; or
(6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent's authority terminates when:
(1) The principal revokes the authority or revokes the authority relating to real property pursuant to subsection (g) of this section;
(2) The agent dies, becomes incapacitated, or resigns;
(3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(4) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(g)(1) A principal may revoke a power of attorney relating to real property that has been recorded with the Recorder of Deeds by recording an instrument containing the revocation with the Recorder of Deeds.
(2) A revocation of a power of attorney relating to real property does not affect other powers in the power of attorney if the instrument contains a recitation to this effect.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.11. Coagents and successor agents

§ 21–2601.11. Coagents and successor agents.
(a) A principal may designate 2 or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) Shall not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d)(1) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest.
(2) An agent that fails to notify the principal or take action as required by paragraph (1) of this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.12. Reimbursement and compensation of agent

§ 21–2601.12. Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides:
(1) An agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but not to compensation; and
(2) An agent that is a bank, trust company authorized to administer trusts in the District, or similar institutional fiduciary is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.13. Agent's acceptance

§ 21–2601.13. Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.15. Exoneration of agent

§ 21–2601.15. Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.16. Judicial relief

§ 21–2601.16. Judicial relief.
(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) The principal or the agent;
(2) A guardian, conservator, or other fiduciary acting for the principal;
(3) A person authorized to make health care decisions for the principal;
(4) The principal's spouse, parent, or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A governmental agency having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.17. Agent's liability

§ 21–2601.17. Agent's liability.
An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:
(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and
(2) Reimburse the principal or the principal's successors in interest for the reasonable attorney's fees and costs paid on the agent's behalf.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.18. Agent's resignation; notice

§ 21–2601.18. Agent's resignation; notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) If there is no person described in paragraph (1) of this section, to:
(A) The principal's caregiver;
(B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(C) A governmental agency having authority to protect the welfare of the principal.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.19. Acceptance of and reliance upon acknowledged power of attorney

§ 21–2601.19. Acceptance of and reliance upon acknowledged power of attorney.
(a) For the purposes of this section and § 21-2601.20, the term "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 21-2601.05 that the signature is genuine. A good faith acceptance by a financial institution requires it to exercise commercially reasonable procedures to review the validity of the purported signature of the principal on the power of attorney, if the financial institution maintains the principal's signature, sample signature, specimen signature, signature card, or any digital or automated process to obtain an image or sample of the principal's signature for verification purposes.
(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested pursuant to subsection (d)(2) and (3) of this section shall be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance.
(f) For purposes of this section and § 21-2601.20, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
(g) Notwithstanding any other provision of the chapter, no person may rely upon a purported waiver of a principal's right to a trial by jury before a dispute has arisen.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.20. Liability for refusal to accept acknowledged power of attorney

§ 21–2601.20. Liability for refusal to accept acknowledged power of attorney.
(a) Except as otherwise provided in subsection (b) of this section:
(1) A person shall either accept an acknowledged power of attorney or request a certification, translation, or opinion of counsel under § 21-2601.19(d) no later than 7 business days after presentation of the power of attorney for acceptance;
(2) If a person requests a certification, translation, or opinion of counsel under § 21-2601.19(d), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel under § 21-2601.19(d); and
(3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) A request for certification, translation, or opinion of counsel under § 21-2601.19(d) is refused;
(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, translation, or opinion of counsel has been requested or provided under § 21-2601.19(d);
(6) The person makes, or has actual knowledge that another person has made, a report to the Adult Protective Services Division of the Department of Human Services or the Department of Aging and Community Living stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or
(7) The person has actual knowledge that the agent has been charged with an intrafamily offense committed against the principal or if the agent has had a protection order or neglect petition entered against them at the request of or on behalf of the principal.
(c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
(1) A court order mandating acceptance of the power of attorney; and
(2) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.21. Principles of law and equity

§ 21–2601.21. Principles of law and equity.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.22. Laws applicable to financial institutions and entities

§ 21–2601.22. Laws applicable to financial institutions and entities.
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter I - General Provisions › § 21–2601.23. Remedies under other law

§ 21–2601.23. Remedies under other law.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under District law other than this chapter.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.01. Authority that requires specific grant; grant of general authority

§ 21–2602.01. Authority that requires specific grant; grant of general authority.
(a) An agent under a power of attorney may do the following on behalf of the principal, or with the principal's property, only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) Create, amend, revoke, or terminate an inter vivos trust;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Delegate authority granted under the power of attorney;
(6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(7) Exercise fiduciary powers that the principal has authority to delegate; or
(8) Disclaim property, including a power of appointment.
(b) Notwithstanding subsection (a) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, shall not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(c) Subject to subsections (a), (b), (d), and (e) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§ 21-2602.04 through 21-2602.16.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to § 21-2601.17.
(e) Subject to subsections (a), (b), and (d) of this section, if the subject matters over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in the District and whether or not the authority is exercised or the power of attorney is executed in the District.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.02. Incorporation of authority

§ 21–2602.02. Incorporation of authority.
(a) An agent has authority described in this subchapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 21-2602.04 through 21-2602.17 or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§ 21-2602.04 through 21-2602.17 or a citation to a section of §§ 21-2602.04 through 21-2602.17 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.03. Construction of authority generally

§ 21–2602.03. Construction of authority generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 21-2602.04 through 21-2602.17 or that grants to an agent authority to do all acts that a principal could do pursuant to § 21-2602.01(c), a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.04. Real property

§ 21–2602.04. Real property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(D) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) Selling or otherwise disposing of them;
(B) Exercising or selling an option, right of conversion, or similar right with respect to them; and
(C) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.05. Tangible personal property

§ 21–2602.05. Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of a tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D) Moving the property from place to place;
(E) Storing the property for hire or on a gratuitous bailment; and
(F) Using and making repairs, alterations, or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.06. Stocks and bonds

§ 21–2602.06. Stocks and bonds.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) Buy, sell, and exchange stocks and bonds;
(2) Establish, continue, modify, or terminate an account with respect to stocks and bonds;
(3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidence of ownership with respect to stocks and bonds; and
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.07. Commodities and options

§ 21–2602.07. Commodities and options.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) Establish, continue, modify, and terminate option accounts.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.08. Banks and other financial institutions

§ 21–2602.08. Banks and other financial institutions.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal of the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.10. Insurance and annuities

§ 21–2602.10. Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.11. Estates, trusts, and other beneficial interests

§ 21–2602.11. Estates, trusts, and other beneficial interests.
(a) In this section, the term "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
(2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) Conserve, invest, disburse, or use anything received for an authorized purpose; and
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.12. Claims and litigation

§ 21–2602.12. Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise; except, that, under no circumstances may an agent waive a principal's right to trial by jury before a dispute has arisen;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.13. Personal and family maintenance

§ 21–2602.13. Personal and family maintenance.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(A) The principal's minor children;
(B) The principal's adult children who are pursuing a postsecondary school education and are under the age of 26;
(C) Other individuals legally entitled to be supported by the principal; and
(D) The individuals whom the principal has customarily supported or indicated the intent to support;
(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(3) Provide living quarters for the individuals described in paragraph (1) of this subsection by:
(A) Purchase, lease, or other contract; or
(B) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1) of this subsection;
(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1) of this subsection;
(6) Act as the principal's personal representative pursuant to sections 1171 through 1179 of the Social Security Act, approved August 21, 1996 (110 Stat. 2021; 42 U.S.C. § 1320d
et seq.
), and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under District law to consent to health care on behalf of the principal;
(7) Continue any provision made by the principal for automobiles or other means of transportation, including: registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1) of this subsection;
(8) Maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) of this subsection and open new accounts; and
(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.14. Benefits from governmental programs or civil or military service

§ 21–2602.14. Benefits from governmental programs or civil or military service.
(a) For the purposes of this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 21-2602.13(a)(1), and for shipment of their household effects;
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(6) Receive the financial proceeds of a claim described in paragraph (4) of this subsection and conserve, invest, disburse, or use for a lawful purpose anything so received.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 26 - Uniform Power of Attorney Act › Subchapter II - Authority › § 21–2602.15. Retirement plans

§ 21–2602.15. Retirement plans.
(a) For the purposes of this section, the term "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including the following plans or accounts:
(1) An individual retirement account under 26 U.S.C. § 408;
(2) A Roth individual retirement account under 26 U.S.C. § 408A;
(3) A deemed individual retirement account under 26 U.S.C. § 408(q);
(4) An annuity or mutual fund custodial account under 26 U.S.C. § 403(b);
(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. [§] 401(a);
(6) A plan under 26 U.S.C. § 457(b); and
(7) A nonqualified deferred compensation plan under 26 U.S.C. § 409A.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3) Establish a retirement plan in the principal's name;
(4) Make contributions to a retirement plan;
(5) Exercise investment powers available under a retirement plan; and
(6) Borrow from, sell assets to, or purchase assets from a retirement plan.
(Feb. 23, 2023, D.C. Law 24-236, § 2(d), 69 DCR 14660.)