General Power of Attorney in Washington State

Washington allows for the use of general powers of attorney.

A power of attorney is a document through which a person grants someone else the ability to make decisions on his behalf. These documents can convey as broad or as limited decision-making ability as possible. Those that convey the broadest powers are referred to as general powers of attorney. In Washington, these documents must comply with state specific statutory provisions and limitations.

Terminology

In Washington state, powers of attorney are generally granted from one person, called the principal, to another, called either the agent or attorney-in-fact, according to the Revised Code of Washington § 11.94.010. While the use of the term "attorney-in-fact" is allowed, the term itself conveys no powers to the person so named other than those listed in the power of attorney. The attorney-in-fact does not need to be a lawyer, nor does being called an attorney-in-fact allow them to practice law.

Limitations

Powers of attorney are generally categorized by the breadth of the decisions-making ability they grant. A general power of attorney conveys the broadest powers. Unless specifically stated, no power of attorney allows the agent to revoke the principal's life insurance, employee benefits, trust agreements, securities registrations or designations of persons as joint tenants with rights of survivorship.

Requirements

To convey general power of attorney, several requirements must be met. The principal must be of sound mind, and must convey the power of attorney in writing. Powers of attorney cannot be granted to the principals physicians, the physician's employees or others employed by a health-care facility in which the principal is a patient.

Durability

If the principal dies or otherwise becomes incapacitated, the agent maintains POA only until she learns of the principal's inability to make further decisions. Upon learning this, the POA is terminated. However, if the POA is made durable by specific language stating the power is to continue even if the principal is incapacitated, the agent can continue to act.

Springing

Generally, powers of attorney take effect immediately upon execution by the principal. However, they can also be made contingent upon certain conditions taking place. These are referred to as springing POA. Though springing POA do not take effect immediately, they too can grant general powers of attorney. The time in which these POA take effect does not have to limit the actual powers granted to the agent.

References

• Washington State Legislature: RCW 11.94.010
• Washington State Legislature: RCW 11.94.050