Power of Attorney in Washington State: How It Works - NerdWallet (2024)

A power of attorney, or POA, in Washington state is a legal document that gives someone else — called an “agent” or “attorney-in-fact” — the authority to make medical or financial decisions for you. In Washington, you’ll need your document signed by a notary public or two witnesses.

Each state has its own POA requirements. Here’s what to know about the POA types in Washington and how to get one.

» MORE: Estate planning: A 7-step checklist of the basics

What are the requirements for a power of attorney in Washington state?

A POA document in Washington must meet the following requirements:

  • You, the “principal” of the arrangement, must be at least 18 years old.

  • You (the principal) must have the mental capacity to understand the terms of the POA.

  • The agent(s) must also be a competent adult.

  • The POA must be signed by either a notary public (or other authorized official) or two competent adult witnesses who aren't the agent, related to the principal or long-term care providers for the principal.

  • If you name co-agents, they must act jointly (make all decisions together) unless you specify otherwise in the POA.

Types of POAs in Washington state

These are the main types of POA in Washington:

  • Financial POA: This type allows your agent to manage your financial affairs, which can include banking, lending and paying bills. You can create specific, limited POAs for financial matters such as taxes and vehicle maintenance.

  • Medical POA: Sometimes called a health care proxy or durable power of attorney for health care (DPAHC), this type gives your agent the power to make decisions about your medical care. A medical POA should be designated as durable; it typically takes effect if you become incapacitated.

  • Minor POA: In Washington, you can give someone the authority to make decisions for your minor child for anywhere from one day to two years. If you need someone to have these powers for longer, you may want to consider guardianship.

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A power of attorney in Washington can also be classified as one of the following types:

  • Durable POA: This type of POA stays effective even if the principal becomes incapacitated. In Washington, POAs aren’t durable by default, so you’ll need to specify that you want your medical or financial POA to be durable with the following words: “This power of attorney shall not be affected by disability of the principal" or "This power of attorney shall become effective upon the disability of the principal".

  • Springing POA: This type becomes effective when certain conditions are met, such as when the principal becomes incapacitated or leaves the country.

  • General POA: This type gives someone broad authority to make decisions in your best interest and doesn’t limit the agent to specific tasks. In Washington, this is typically for financial POAs.

  • Limited (special) POA: This type gives the agent the authority to take action only in specific categories, such as filing your taxes or paying your bills while you’re traveling. In Washington, you can use a limited POA to assign someone responsibility for a minor child for up to two years.

» MORE: Who can override a power of attorney?

Steps for getting a POA in Washington state

Here’s how to draft a valid power of attorney in Washington:

  1. Decide which type of POA you need, including whether it should be durable and whether you want your agent to have limited or general authority.

  2. Choose your agent. This should be a competent adult whom you trust. If desired, you can name a successor agent in case your original agent isn’t available.

  3. Fill out the correct POA form with an estate planning attorney, by using online estate planning software, or by downloading a free state-specific form.

  4. Have your form signed by either a notary public or two witnesses.

  5. Keep the original in a safe place and give copies to your agent and any relevant financial institutions or medical providers. In Washington, you can choose to file your POA with the state, though it’s not required.

» MORE: Best online will makers

What are the power of attorney requirements in my state?

See the requirements for creating a valid power of attorney in these states:

  • California.

  • Florida.

  • Indiana.

  • Maryland.

  • Texas.

  • New York.

Frequently asked questions

How much does a power of attorney cost in Washington state?

The cost of a POA can vary depending on if you hire an attorney, which can cost around $300 on average. You can find free POA forms online, but an attorney may be worth it to help you navigate the specific language for your needs. Notarization costs $10 in Washington, and it costs $98 to register your POA with the state (though this isn’t required).

What are the tax implications of a POA in Washington state?

In Washington, you can grant someone a POA to file your taxes for you. However, the agent will not be held financially liable for mistakes, so make sure your agent is a tax professional or similarly responsible person. If someone has the authority to handle your state taxes, they may need to manage your federal taxes as well.

How does a POA end in Washington state?

In Washington, a POA ends if any of these things happen:

  • The principal dies or revokes the POA.

  • The agent dies, becomes incapacitated or resigns.

  • The agent and the principal were married but then get separated or divorced.

  • The principal becomes incapacitated but the POA isn't durable.

Power of Attorney in Washington State: How It Works - NerdWallet (2024)

FAQs

Power of Attorney in Washington State: How It Works - NerdWallet? ›

A power of attorney, or POA, in Washington state is a legal document that gives someone else — called an “agent” or “attorney-in-fact” — the authority to make medical or financial decisions for you. In Washington, you'll need your document signed by a notary public or two witnesses.

What are the requirements for a power of attorney in Washington state? ›

(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers ...

Which is a key disadvantage of a power of attorney? ›

Lack of Oversight: A POA grants considerable control to the agent without requiring oversight or approval from third parties. This autonomy can lead to decisions that might not fully align with the principal's expectations or intentions.

What three decisions cannot be made by a legal power of attorney? ›

When someone makes you the agent in their power of attorney, you cannot:
  • Write a will for them, nor can you edit their current will.
  • Take money directly from their bank accounts.
  • Make decisions after the person you are representing dies.
  • Give away your role as agent in the power of attorney.

How long is a power of attorney good for in Washington state? ›

Any power of attorney automatically ends at the principal's death. Your durable POA also ends if: You revoke it. As long as you're mentally competent, you can revoke your document at any time.

Does a power of attorney need to be registered in WA? ›

There is no register for powers of attorney in Western Australia.

What is the best power of attorney to have? ›

A durable power of attorney remains in effect even after you are mentally incapable of making your own healthcare or financial decision. We recommend having both a durable power of attorney for health care and a durable financial power of attorney to ensure optimal management of your health as well as your assets.

What are the risks of being a POA? ›

Potential Disadvantages of Being a Power of Attorney

If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.

What are the disadvantages of power? ›

However, power also has its disadvantages. For one, it can lead to inequality and injustice. People with too much power may abuse it or use it for their own benefit, often at the expense of others. For instance, authoritarian leaders can suppress freedom of speech or oppress minorities.

What does power of attorney give you authority over? ›

A power of attorney (POA) is a legal authorization that gives the agent or attorney-in-fact the authority to act on behalf of an individual referred to as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

What are the liabilities of being a power of attorney? ›

Even though you don't need to pay the principal's bills out of your own pocket, you do have some important financial responsibilities. Through the POA, you serve as an agent and fiduciary for the principal. That role makes you responsible for properly managing their money, assets, and debts.

How much does it cost to get power of attorney UK? ›

How much it costs. It costs £82 to register each LPA unless you get a reduction or exemption. This means it costs £164 to register both a property and financial affairs LPA and a health and welfare LPA .

Do you have to record a power of attorney in Washington state? ›

Washington State does not require that a Power of Attorney be registered with the state. Evergreen Elder Law can explain the requirements of Washington State Power of Attorney laws and can devise a General or Durable Power of Attorney that suits your specific needs and wishes.

Does power of attorney end at death in Washington state? ›

Power of Attorney: If you were the holder of a Power of Attorney (sometimes called an “attorney-in-fact” or the “agent”) for the deceased, your authority to act under the Page 6 Power of Attorney ends at the time of death.

How to get durable power of attorney in Washington state? ›

You should sign your Durable Power of Attorney forms in front of a notary. If you cannot find a notary, you can sign it in front of two "disinterested" witnesses instead. However, notarization is preferred, especially for a Durable Power of Attorney for Finances.

How much does a power of attorney cost in Washington state? ›

The cost of creating a power of attorney in Washington can vary based on numerous factors, including the type of POA, the complexity of your needs, and the professional you choose to draft it. A straightforward POA may cost as little as $200, while more complex arrangements can rise to $600 or more.

What is the difference between durable power of attorney and power of attorney in Washington state? ›

The trusted friend or relative you choose to help you with your finances and/or health care decisions is called your "agent." A power of attorney is "durable" if it says that your agent can use it even if you become sick or injured and cannot make decisions for yourself.

Does a spouse automatically have power of attorney in Washington state? ›

A spouse does not automatically have power of attorney. Generally, the decision maker would be:First priority: A health care agent appointed by POA or court appointed guardian, if this is not established then;Second (default) : The patient's spouse.

Who can witness a power of attorney in WA? ›

One should be someone who can legally witness a statutory declaration, such as a Justice of the Peace, lawyer, doctor, teacher, police officer, pharmacist, or nurse. The other witness can be anyone who is over 18.

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