Washington Durable Power of Attorney Form

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The Washington Durable Power of Attorney is a personal-use legal document used for electing a nominee to manage financial matters for a person that can’t do it themselves, whether due to an accident or declining health. If used for planning purposes, the principal will often opt to make the power of attorney springing. This means the agent will only receive their powers should the principal be declared as “mentally incapacitated”, which is a legal/medical term used for identifying a person that can’t make decisions after being presented with information. A doctor is required for the declaration. The form is often completed alongside a medical power of attorney by those looking to complete an estate planning package.


 


Laws: Ch. 11.125

Agent duties: § 11.125.140

Signing requirements (§ 11.125.050): The person nominating the power (principal) has to have the form notarized, OR signed by two (2) witnesses. If witnesses are used, the state requires that they cannot be providers in a long-term care provider / family home in which the principal also resides.

To locate a person that can notarize the form, you can search for a notary public nearby, or have it notarized online through Notarize.com.