A Washington Power of Attorney Form allows a principal to choose a representative or agent to act on their behalf and make decisions regarding particular situations.
The principal should choose the type of form they need before filling it out and granting the agent the chosen powers. In the case of a durable power of attorney in Washington State, the agent will still have the authority you granted them even when you become incapacitated.
You can use a power of attorney to grant the agent legal authority concerning financial, business, tax filing, and medical decisions. Ensure that as you prepare your power of attorney in Washington State, you keep in mind the state laws you are required to observe. Also, always choose an agent or representative you trust for your power of attorney.
Scope and Effective Date of POA in Washington
The scope of a power of attorney in Washington can be minimal or expansive. You can choose an agent and grant them one type of authority or various powers over your affairs. You can also choose different agents for different tasks in that each agent is responsible for certain decisions. For example, as a principal, you can prepare a power of attorney form that allows the agent to make decisions for your minor children.
In most cases, principals prepare a power of attorney to have someone to represent them when they are physically or mentally incapacitated. This is when such types of power of attorney become effective. In other cases, a principal may prepare a power of attorney that takes effect immediately it is signed, and the agent has a copy. As a principal, you must mention when you wish for a power of attorney to become effective and when it will end.
Types of Power of Attorney
There are different power of attorney in Washington State you can use depending on your needs and requirement as shown below:
Durable (Financial) Power of Attorney
A Washington durable (financial) power of attorney is a form that allows a principal to designate an agent who will handle their financial decisions and act on their behalf regarding any business affairs. The principal must fill out the form to select the powers they will give the agent before signing it and having it notarized. The agent’s authority will become effective and remain valid even after the principal becomes incapacitated, mentally incompetent, or has a disability.
This means that a durable power of attorney remains in effect for a lifetime unless the principal revokes it before they become incapacitated or the court revokes it after the principal becomes incapacitated. There are laws in Washington State regarding a durable power of attorney that must be followed, and they include Title 11, Chapter 11.125 (Uniform Power of Attorney Act), WA Rev Code § 11.125.020(2), WA Rev Code § 11.125.020(7), RCW 11.125.050 and RCW 11.125.430 statutes.
As a principal, you must sign this form before two witnesses or a notary public. The agent should also sign the Agent Certification before the notary public. There is no statutory form in Washington State; however, the principal must observe the stipulated requirements, especially using the required language to ensure a power of attorney is durable.
Download: Microsoft Word (.docx)
Durable (Health Care) Power of Attorney
A Washington durable (health care) power of attorney is a form that allows you as a principal to give medical staff the authority to carry out your chosen end-of-life treatment or care plan preference in case you become incapacitated. Also known as the Washington living will, this form acts as a directive that must be followed by the doctors who are treating you.
Some patients may want to receive life-sustaining treatment or leave a DNR (Do Not Resuscitate) form, especially if their condition is terminal. The doctors act as the agents and must fulfill the principal’s wishes once they become incapacitated.
The RCW 70.122.030(1) and Chapter 70.122 RCW (Natural Death Act) statutes should be adhered to when preparing this durable (health care power of attorney) form. Ensure that you sign this form before two witnesses or a notary public as a principal.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A Washington general (financial) power of attorney is a form that enables you as the principal to choose an agent to manage and make financial decisions on your behalf. This is different from the durable financial power of attorney in that once you become incapacitated, the form becomes void. Ensure you observe the Uniform Power of Attorney Act, RCWA 11.125.260, and RCWA 11.125.050 statutes when preparing this type of power of attorney form. As the principal, this form should be signed before two witnesses or a notary public.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited POA, also known as the Washington extraordinary power of attorney, is a form that allows you to select an agent and give them powers temporarily to handle specific tasks. The agent is responsible for performing the directives given to them and must carry a copy of this form as proof.
As the principal, ensure you indicate the powers you have assigned your agent to ensure that your agent understands the limitations. Ensure you select an agent you can trust and who is capable of handling your responsibilities. When preparing this document, always observe the Uniform Power of Attorney Act and RCWA 11.125.050 statutes. Ensure that you sign this form before two witnesses or a notary public.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Washington minor (child) or guardian of minor power of attorney form is a legal document prepared by the principal to appoint a trusted agent to take care of their child when unavailable. This may be due to long-distance travel, terminal illness, or hospitalization. All parties who have custody over the child are required to sign this document to make it effective and allow the agent to have the authority to care for the child.
The child’s parents, who are the principal, will maintain their authority over their child, and this allows them to determine the powers an agent will have and how long power of attorney will be in effect. The principal can revoke this document in writing if they wish and must give a copy to the chosen agent. You must consult the Washington State laws [RCW 11.94.010(4)] concerning preparing a minor (child) power of attorney that allows the agent to make medical decisions.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A real estate power of attorney in Washington State is a form created by you to designate an agent to handle your real estate property. The principal must be the real estate property owner, as you will be required to fill out, sign, and execute this form. With this power of attorney, the agent will be tasked with handling all transactions related to the principal’s real estate property, managing the property, conducting transactions, and reaching out to the principal whenever necessary.
The principal must sign this form. As you prepare this real estate power of attorney form, ensure you observe the Uniform Power of Attorney Act and the RCWA 11.125.050; RCWA 65.08.070 statutes. In addition, you will need to notarize this document for cases when the agent or attorney-in-fact, acting on your behalf, needs to record your real estate instruments with the local registry.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
The principal prepares a Washington revocation of power of attorney form if you wish to revoke or cancel your power of attorney that is either active or prepared in the past. You will need to transfer some basic information from your original power of attorney to this revocation document to make it complete.
Ensure that you sign the revocation of power of attorney in Washington State before making copies for the agent, the successor agent, third parties, and other relevant institutions. Delivering these copies to the required parties will ensure no one uses your power of attorney since they will be aware of your revocation. In addition, this will ensure that they are held liable if they violate your revocation form. Also, ensure that this document is notarized.
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
An IRS or tax power of attorney in Washington State (Form 2848) is used by the principal to appoint an agent, usually an accountant or tax attorney, to file federal taxes on their behalf. The principal must prepare this document if they wish to designate an agent to handle their taxes with the Internal Revenue Service (IRS). The tax department expects this form to be signed by the agent(s) and filed by the principal through mail or e-File to be valid and recognized. This way, the agent can be allowed to file the tax returns on behalf of the principal.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form TD-420-050)
A Washington vehicle power of attorney is a form prepared by a principal to designate an agent to deal with their vehicle title and registration at the Washington State Dept. of Licensing (DOL). This department requires a principal to fill out and sign this paperwork properly before the agent can be allowed to handle specific tasks on behalf of the principal. Some of these tasks include securing or releasing the vehicle and getting a Washington title alongside the principal’s motor vehicle registration.
The principal, in this case, must be the owner of the vehicle for the Washington State Dept. of Licensing to accept this document. Also, only the principal can revoke this document, and the same name that appears on this power of attorney should appear on the revocation document. This document must be signed by the principal and notarized.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A Washington springing power of attorney is a form that grants the agent the authority to act on behalf of the principal once a particular event happens in the future. In most cases, principals prepare this type of power of attorney to “spring” into action or become effective once they are mentally or physically incapacitated.
Download: Microsoft Word (.docx)
Governing Laws
There are specific governing laws put in place by the State of Washington that must be observed by both the principal and agent when preparing a power of attorney. Those laws include:
- For specific powers like life-prolonging acts, the agent can make medical and health care decisions or give out permission on behalf of the principal.
- In Washington State, the legal requirements for durable power of attorney should be in writing. The principal must use specific language that highlights that the agent’s powers remain in effect even if the principal becomes incapacitated.
- The revocation of durable power of attorney only happens if the principal revokes a power of attorney or if the court revokes it after the principal becomes incapacitated.
- There are no specifications in the laws of Washington State when it comes to questions about whether Washington power of attorney forms are valid from State-to-State and what happens if a physician is unwilling to follow the durable power of attorney.
- There is immunity for an attending physician acting in good faith and with no negligence. The laws state that such a physician will not be held liable.
Washington Power of Attorney Requirements
It would be best to keep in mind the following points when preparing different Washington power of attorney forms as mentioned in the Washington Uniform Power of Attorney Act.
These requirements are:
First, you must include your name as the principal and the name of the chosen agent(s). Then, ensure that as the principal, you specify the powers you are granting to your agent alongside the limitations on their powers.
Also, include the date when the agent’s powers become effective and the end date. Always remember to include the execution date of the form. This is the date when the signing happens, enabling you and the agent to enter into a contract or agreement. When including your signature and the agent’s signature, ensure that this is done before a notary public.
How to Get Power of Attorney in Washington?
To get your power of attorney in Washington State, ensure that you, as the principal and the agent fill out and sign the form. As you fill out and sign the form, always keep in mind the requirements and laws of Washington State regarding a power of attorney. If you wish to make your power of attorney durable, ensure that you specify this in your form and use the required language to make it durable.
In Washington State, a power of attorney is never presumed to be durable unless it meets the set requirements. If your power of attorney is not durable, remember that it will become void once you become incapacitated, mentally incompetent, or have a disability.
Here are a few free forms to help you:
Revoking of Power of Attorney in Washington
The principal can revoke their power of attorney in Washington State. In addition, you can choose to revoke your power of attorney if you no longer trust your agent(s), if you no longer need the agent’s assistance or if you want to remove the agent. To revoke your power of attorney, you will need to prepare the revocation of attorney form, fill it out, sign it before the notary public or a witness, and inform the agent that the power of attorney is no longer adequate by giving them a copy of this document.
If you set rules on how to revoke a power of attorney in your existing power of attorney form, ensure you follow those rules to make the revocation valid. For a durable power of attorney, once you become incapacitated, only a court order can revoke that authority since you will not be in a position to do it by yourself.
Key Takeaways
- In Washington State, a principal can prepare a power of attorney to select an agent to make decisions and act on your behalf in different matters.
- There are different power of attorney forms you can use depending on your needs or requirements.
- Ensure that you observe the requirements and laws of Washington State when preparing any power of attorney form.
- Keep in mind that you can revoke a power of attorney whenever you choose, depending on the reasons you might have.
- Also, your power of attorney can stop being effective and become void if you as the principal become incapacitated or incompetent unless it is a durable power of attorney as it will remain valid.
