Free Washington Durable Power of Attorney Forms

Washington Durable Power of Attorney Laws

• Definition - the Washington State legislature defines a durable POA as “not terminated by legal incapacity.” Incapacity, on the other hand, is defined as the “inability of an individual to manage property, business, personal, or healthcare affairs because the individual has an impairment (or) is an absentee… (and) outside the U.S. and unable to return” (WA Rev Code § 11.125.020).
• Termination - a POA is usually terminated upon the principal’s incapacity unless it contains the following words: “This POA shall become effective upon the disability of the principal” (WA Rev Code § 11.125.040).
• Signing Requirements - the principal must sign and date the POA. Additionally, the signature must be acknowledged by a notary public or another individual who is legally authorized to acknowledge it. Alternatively, it can be attested by at least two competent witnesses who are unrelated to the principal and do not serve as care providers of the principal in any way (WA Rev Code § 11.125.050).

Signing Requirements in Washington

The principal has to sign the POA and write the date of signing on the document. To make it legal, it has to be notarized or attested by at least two witnesses (WA Rev Code § 11.125.050).

How To Write a Durable POA in Washington

Here are the steps to writing a durable POA in Washington.

1. Name a person you trust as the agent

Agents are in charge of important decisions and transactions encompassing one’s personal, legal, business, and financial affairs. Hence, it is extremely important to choose an agent you trust. Principals can choose spouses, children, siblings, or parents. However, they can also appoint lawyers or business partners depending on their needs and preferences. Whoever you choose, make sure you can trust the person with your money, properties, and other assets.

2. Discuss the agent’s responsibilities

A durable POA is crucial because it is an agent’s written permission to act on your behalf, especially when you have been declared legally incapacitated. However, the agent’s acts are still limited by the terms you specify in your POA.

Discuss the agent’s responsibilities so they understand the parameters of their authority. Another thing that should be agreed on is compensation. The agent has the right to compensation for the time they spend doing tasks on behalf of the principal. It is common for family members who have been appointed as agents to decline compensation, but the issue should still be mentioned.

Agents may also ask for refunds (accommodations, transportation, food, etc.) for expenses they incurred while carrying out their responsibilities.

3. Download a Printable Washington Durable POA Form

For your convenience, download a Washington durable POA template. Make sure you have a form that complies with Washington's requirements. Fill it out and list the responsibilities you want your agent to accomplish.

You can also hire a law firm to draw up a durable POA for you.

4. Sign the Durable POA Form in Washington

Double-check the details on the document, and once you’re satisfied, sign it. Indicate the date it was signed as well. To make it legal in Washington, the document has to be acknowledged by a notary public or attested by two witnesses.

5. Use the Durable POA

The durable POA form is now ready to use in Washington. Provide the agent with original copies of the POA and keep a few for your reference. Your agent will have to present the original POA every time they act on your behalf.