What Is a Washington Power of Attorney?
A Washington power of attorney (POA) is a legal document that authorizes someone you trust to act on your behalf. The person you appoint is referred to as your agent, and you are the principal. They can make important decisions related to your finances, property, or healthcare.
Whether you’re planning for the future or need temporary help, a Washington POA can ensure someone is legally allowed to step in and manage things for you when you can’t. For example, you might create a POA if you’re traveling, facing a medical procedure, or planning for future incapacity.
Washington state follows the Uniform Power of Attorney Act found in RCW 11.125, which sets the rules for creating and using POAs. Note that a POA does not replace a will or living trust. It only works while you’re alive, and it can end for several reasons. Your death, revocation, or incapacity (depending on the type of POA) may terminate the POA and the agent’s powers.
Types of Power of Attorney in Washington State
There are several types of power of attorney in Washington. Each one serves a different purpose, depending on what kind of help or authority you want to give your agent.
Durable Power of Attorney
A durable POA stays in effect even if you become incapacitated or unable to make decisions for yourself. It is typically used for long-term planning or serious health concerns. In Washington, a POA is not durable by default. You must clearly state in the document that it should remain effective even if you become incapacitated (RCW 11.125.040(1)).
Non-Durable Power of Attorney
A non-durable POA allows your agent to act on your behalf, but it becomes invalid if you lose the ability to make decisions for yourself. In Washington, POAs are non-durable unless you say otherwise (RCW 11.125.040(1)). This type of POA is useful for short-term situations when you want your agent’s authority to end if you’re no longer mentally capable.
Medical Power of Attorney
A medical POA, also known as a health care POA, lets your agent make health care decisions for you if you are unable to do so yourself. This can include decisions related to treatments, medical procedures, and transfers to other facilities. Medical POAs are legal in Washington state under RCW 11.125.400 and are often used with advance directives or living wills to make your wishes clear related to your healthcare.
You can’t name a paid caregiver as your medical agent in Washington unless they’re related to you. This protects you from conflicts of interest and is required by RCW 11.125.400(3).
Financial Power of Attorney
A financial POA gives your agent control over your money, property, and other financial matters. This can include paying bills, managing investments, handling taxes, or selling real estate on your behalf. The financial powers are outlined under RCW 11.125.240 in Washington.
Limited (Special) Power of Attorney
A limited POA in Washington gives your agent authority to handle a specific task for a short period of time. For example, you may create a limited POA to let someone sign papers for you while you’re out of town. This type of POA terminates once the task is completed or upon the specified expiration date listed in the document.
Springing Power of Attorney
A springing POA only comes into effect when a particular event happens. Usually, it comes into effect when a doctor certifies that you’ve become incapacitated. To create this type of POA in Washington, you must clearly describe the triggering event within your POA form (RCW 11.125.090).
Durable (Financial)
Allow your agent to make decisions on your behalf even if you become incapacitated.
Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125.050).
Medical
Give legal authority to doctors to carry out a preferred care plan in the event of your incapacitation.
Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125.050).
Limited (Special)
Allows you to temporarily give special powers to an agent for specific tasks.
Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125.050).
Non-Durable (General)
Allows you to let someone manage your affairs and make financial decisions for you.
Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125.050).
Springing
Comes in effect when a specific event occurs in the future, such as the incapacitation of the principal
Signing Requirements:Two witnesses or a notary acknowledgment.
Vehicle (Form TD-420-050)
Grant legal authority to someone so they can handle matters relating to your vehicle.
Signing Requirements: Notary public.
Real Estate
Allows the agent specified to act on the principal's behalf only on real estate or property matters.
Signing Requirements:Two witnesses or a notary acknowledgment (RCW 11.125.050).
Minor (Child)
Outline the decision-making authority an agent will have for your child.
Signing Requirements: Notary public or two witnesses.
Revocation
Annul the agent authorization you have previously given.
Signing Requirements: Notary public recommended.
How to Get a Power of Attorney in Washington State
Follow the steps below to create a valid Washington POA that meets all legal requirements under RCW 11.125. You can use Legal Templates’s free customizable Washington POA forms that align with these requirements.
- Name the Principal and the Agent: Start by listing your full name as the principal and naming the person you want to act on your behalf as your agent (RCW 11.125.140).
- Choose the Type and Scope of Authority: Decide whether to give your agent general authority (broad powers over finances, property, or healthcare) or specific authority (limited to one task). Your form must clearly describe which powers your agent has (RCW 11.125.260, RCW 11.125.270, RCW 11.125.280).
- Decide When the POA Takes Effect: You can choose to have your POA take effect immediately or only if you become incapacitated. The latter is called a springing POA under (RCW 11.125.090).
- State Whether the POA is Durable: Unless your document says otherwise, POAs in Washington are automatically non-durable. This means that they terminate if you become incapacitated (RCW 11.125.040(1)). If you want your POA to last through incapacity, you must clearly say so within your POA.
- Sign and Notarize: To make your POA legally valid, sign in front of a notary public or two adult witnesses who are not related to you or your agent (RCW 11.125.050(1)(c)). You can also use a free Washington notary acknowledgment form if needed.
Washington Power of Attorney Requirements
For a power of attorney to be valid in Washington, it must meet the state’s legal requirements. Here is what you need to include to stay compliant:
Signature by the Principal
The person creating the POA (the principal) must sign the form (RCW 11.125.050). This demonstrates that they understand the powers they’re granting and who they’re assigning to act on their behalf.
Notarization or Witnesses
The POA in Washington must either be:
- Notarized
- Signed in front of two adult witnesses who are not related to you or your agent (RCW 11.125.050(1)(c)).
Note that Washington state notaries can charge up to $15 to witness a signature (WAC 308-30-220).
Real Estate Recording Requirement
If your POA includes authority over real estate, you can record it with the county auditor’s office where the property is located. This helps ensure your agent’s authority is recognized for property transactions (RCW 65.04.030).
Fiduciary Duties of the Agent
Your agent must follow fiduciary duties, which are legal rules about how they must act once appointed. According to RCW 11.125.140, your agent must:
- Act in good faith
- Follow your instructions
- Avoid conflict of interest
- Keep records of any decisions they make on your behalf
Termination
A POA in Washington does not last forever. Under RCW 11.125.100, your POA will automatically end in certain situations, including:
- You revoke the POA
- The agent resigns or becomes unable to act
- You pass away
- The POA includes a specific expiration date or condition, and that date or event occurs
- A court decides to terminate the agent’s authority or the POA itself
You can also update your POA at any time if your circumstances or preferences change. Ensure that you formally revoke the old one and notify your agent and any third parties who may be relying on it.
