Washington, D.C. · D.C. Code §§21-2601.05–21-2601.20D.C. power of attorney at closing: the notary requirement and the 7-business-day acceptance rule
Under D.C.'s Uniform Power of Attorney Act, in effect since February 23, 2023, a power of attorney is signed by the principal – or in the principal's conscious presence by someone the principal directs – and isn't valid unless it's acknowledged before a notary public or another person authorized to take acknowledgments (D.C. Code §21-2601.05). A power executed elsewhere is valid in D.C. if it complied with the governing law where executed or with the federal military power of attorney rules, and a photocopy or electronically submitted copy has the same effect as the original (§21-2601.06). A person that in good faith accepts an acknowledged power without actual knowledge of a problem may rely on it, and may request an agent's certification under penalty of perjury, an English translation or an opinion of counsel with a written reason (§21-2601.19). It must accept the power or make one of those requests within 7 business days after presentation, accept within 5 business days after receiving what it asked for, and may not require a different form – unless an exception applies, such as actual knowledge of termination, a good-faith belief the power isn't valid, or a report of suspected abuse; a wrongful refusal can bring a court order and liability for attorney's fees and costs (§21-2601.20).
The rules
1. Valid only if notarized (§21-2601.05(b))
Acknowledged before a notary or other authorized officer.
2. Copies (§21-2601.06(d))
A photocopy or electronic copy has the same effect as the original.
3. Acceptance (§21-2601.20(a))
Accept or request within 7 business days; then 5 business days.
4. Wrongful refusal (§21-2601.20(c))
Court order and attorney's fees and costs.
What the TC can do
- Send the power of attorney to the settlement agent as soon as you know a party will sign through an agent.
- Check the notary acknowledgment – without it the power isn't valid in D.C.
- Calendar the 7-business-day acceptance window from the date it's presented.
Questions about D.C. powers of attorney
Does a D.C. power of attorney have to be notarized?
Yes – a power executed under the act isn't valid unless it's acknowledged before a notary public or other authorized individual (D.C. Code §21-2601.05(b)).
How long does a D.C. settlement agent have to accept a power of attorney?
Seven business days after presentation to accept or request a certification, translation or opinion, then five business days after receiving it (§21-2601.20(a)).
Related guides
Add a task in ClosingCode for the power of attorney review, with an owner and a due date.
Start free trialSource: D.C. Code §§21-2601.05, 21-2601.06, 21-2601.19 and 21-2601.20 (code.dccouncil.gov, read October 26, 2026).
General information, not legal advice. The settlement agent decides whether a power of attorney is acceptable. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.