WashingtonLawHelp.org | Helpful information about the law in Washington. (2024)

A power of attorney form lets you choose a trusted friend or relative to help you with your finances and/or health care decisions. After you sign it, the person you choose will take the power of attorney to your medical providers, bank, school, and other places to make decisions and sign contracts just as if they were you.

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.

Yes. You can cancel (you can revoke) your power of attorney at any time with a written notice to your agent. Our Cancel (revoke) a Power of Attorney packet has the form and instructions to do this.

After you revoke your old power of attorney, you can sign a new power of attorney form to choose a different agent. In your new power of attorney form, make sure it says all earlier power of attorney forms are revoked.

Sometimes a bank or other business will tell your agent that they won't accept your power of attorney form. There are 2 common reasons this may happen:

1. Form Not Notarized: Washington law says your power of attorney form is valid when you sign it in front of a notary or in front of two disinterested witnesses. But some banks or other businesses insist that it must be notarized. You can sign a new form in front of a notary. But your agent can also ask to speak to their legal department and point out Revised Code of Washington (RCW) 11.125.050. If your form was properly witnessed by two uninterested witnesses instead of being notarized, the form is still valid under Washington law. Your bank should accept it.
2. Not the "Right" Form: The power of attorney forms included in this packet are valid under Washington law, but some banks and other businesses want you to use their form. If a bank or other business won't accept your power of attorney form, your agent can ask to contact their legal department and point out RCW 11.125.050 and RCW 11.125.200(3)(a).

Agents can be asked for certification. The bank may say they will accept the power of attorney only if the agent signs a "certification" statement confirming that the power of attorney form is valid. This is legal. However, if the bank wants a certification statement, they must ask for it within 7 days of the day you give them the power of attorney form. Only the agent has to sign the certification statement.

Try to get legal help if a bank or institution is denying your form or requiring you to use their forms.

• Agent: the trusted person you choose to help you with your finances or health care.
• Beneficiary: the person who gets money or property. For example, if you have life insurance and you die, the person who gets the insurance money is called a beneficiary. The person who gets money or property from a trust is also called a beneficiary.
• Beneficiary Designation: the part of a contract that says who should be the beneficiary. For example, the beneficiary designation in a life insurance policy is the part that says who will get the money after you die.
• Conservator or Guardian: a person appointed by a court to make decisions for another. A Conservator makes decisions about property and finances. A Guardian makes decisions about personal matters and health care.
• Community Property Agreement: a written agreement between a married couple or domestic partners that says when one dies, all of their property will automatically go to the other.
• Durable: "Durable" means your document still has legal power and agent can keep helping you even if you become sick or injured and cannot make decisions for yourself.
• Disinterested Witness: a person who is not a health care provider in your home or long-term care facility or related to you by blood, marriage or state registered domestic partnership.
• Notary: a person who is licensed by the State to witness signatures on documents.
• Personal Property: things like cash, stocks, jewelry, clothing, furniture or cars.
• Real Property: buildings and land.
• Revoke: to cancel.
• Rights of survivorship: a written agreement between people who own property together. The agreement says when one co-owner dies, the other co-owner(s) automatically gets the property.
• Trust: a written agreement where money and property is owned by a trust and managed by one person (a "trustee") for the benefit of another person or people (a "beneficiary" or "beneficiaries"). Usually you need to hire a lawyer to set up a trust.