A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust (called your “agent” or “attorney-in-fact”) to make decisions on your behalf. This can be incredibly helpful in various situations, such as when you’re unable to handle your own affairs due to illness, injury, or travel. In Washington State, understanding the different types of POAs and how to properly execute them is crucial.
Types of Power of Attorney in Washington State
General Power of Attorney
This is the broadest type of POA. It grants your agent the authority to handle a wide range of financial and legal matters on your behalf. This can include:
Managing your bank accounts
Paying bills
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Collecting debts
Filing taxes
Selling or buying property
Making investments
Important Note: General POAs in Washington State are typically not durable. This means they automatically become invalid if you become incapacitated. If you need a POA that remains valid even if you’re unable to handle your own affairs, you’ll need to create a durable power of attorney.
Durable Power of Attorney
A durable POA explicitly states that it remains in effect even if you become mentally or physically incapacitated. This is the most common type of POA for individuals who want to ensure their affairs are handled even if they can’t make decisions themselves.
Healthcare Power of Attorney (HCPOA)
Also known as a medical power of attorney, this document allows you to designate someone to make healthcare decisions for you if you’re unable to do so. This can include decisions about:
Medical treatment
Hospitalization
Life support
Organ donation
Springing Power of Attorney
This type of POA only becomes effective when you are deemed incapacitated by a qualified medical professional. This can provide peace of mind knowing that your affairs will be handled, but only when necessary.
Creating a Power of Attorney in Washington State
To create a valid POA in Washington State, you must generally:
Be at least 18 years old and of sound mind.
Sign the document in the presence of two witnesses.
Have your signature notarized.
Finding and Using a POA Form
You can find POA forms from various sources, including:
Washington State Bar Association website
Stationery stores
Online legal document websites
It’s crucial to use a form that complies with Washington State law.
Important Considerations
Choose your agent carefully.
Select someone you trust completely and who is capable of handling your financial and legal affairs responsibly.
Clearly define your agent’s authority.
Specify the types of decisions your agent is authorized to make.
Review and update your POA regularly.
Life circumstances change, and it’s important to ensure your POA reflects your current wishes.
Consult with an attorney.
An attorney can help you understand the legal implications of a POA and ensure your document is properly executed.
Conclusion
A Power of Attorney is a valuable legal tool that can provide you with peace of mind and ensure that your affairs are handled effectively if you’re unable to do so yourself. By understanding the different types of POAs available in Washington State and taking the necessary steps to create a valid document, you can protect yourself and your loved ones.
FAQs
1. Do I need a lawyer to create a Power of Attorney in Washington State?
While not always required, it’s highly recommended to consult with an attorney to ensure your POA is legally sound and meets your specific needs.
2. Can I revoke my Power of Attorney?
Yes, you can revoke your POA at any time by creating a written revocation document.
3. What happens if my agent is unable to serve as my attorney-in-fact?
You should designate a successor agent in your POA document. This person will assume the role of your agent if your primary agent is unable to serve.
4. Can I create a Power of Attorney for my minor child?
No, a minor cannot create a POA. However, you can appoint a guardian for your child through a separate legal process.
5. Where should I store my original Power of Attorney document?
Keep your original POA in a safe and accessible location. You can also provide copies to your agent, your attorney, and any other relevant parties.
This article provides general information about Power of Attorney in Washington State and is not intended as legal advice.
Power Of Attorney Form Washington State
