Sample Washington Power of Attorney
What is a Washington Power of Attorney and How is It Used?
Death or having to rely on machines to breath is a big blow to anyone. Having greedy people scramble for a piece of your estate is disheartening, and losing money because you are away is not acceptable in business. The only way of ensuring that you have everything in order when incapacitated or unavailable in by signing a power of attorney.
What is a power of attorney?
It refers to a document which you (the principal) prepare legally, and in writing stating that you appoint a trusted friend or family member as the authority figure in your place. You have to sign the document for it to be executable or legally recognized. The person you appoint is the agent or the attorney-in-fact.
The process of getting the document couldn’t be any easier since you can find a free power of attorney form in Washington online. The most important thing you need, however, is an understanding of the different types of powers of attorney.
1. The Washington Durable Power of Attorney Laws
Following the requirements of the 11.125.010, et seq. Code Section of the Washington POA, the durable POA (DPOA) can make medical, financial, as well as the end of life decisions as per the directives of the principal.
The Washington DPOA laws grant the agent the powers to collect debts, buy or sell stuff, make health care decisions, manage the principal’s business, invest their money, sue on the principal’s behalf, and manage the principal’s general financial matters.
The DPOA’s guidelines on the use of life-supporting procedures:
As a principal willing to give directives for whether life-supporting procedures should be withdrawn or withheld, when suffering from a terminal or an incurable disease, then, the laws require that you write down your directives in an advance directives document or the living will.
In the state of Washington, the DPOA laws shield attending physicians from any liability should they act in good faith on matters regarding the end-of-life directives. This applies if the attending physician doesn’t act negligently.
For recognition of a power of attorney, you need to have the document in writing. While appointing someone your agent, you need to use words which show the intent of your willingness to confer medical, financial and familial authority to the agent, the principal’s incapacitation notwithstanding.
Should a lawyer be present when preparing the durable POA document?
No such legal requirement is necessary or the preparation and the review of the POA, however, when handing over important powers to the agent, you should seek legal advice before signing the complicated but free Washington power of attorney form. At the same time, the person you grant power to should understand its meaning, alternatives available, and risks involved.
2. Washington Durable Power Of Attorney For Health Care Law
This legal document recognizes the fact that you have given another person authority over your health care. For the document to be effective, it should state that the principal must be disabled or incapacitated. In most cases, the document is deemed executable if the words used to communicate the intentions of the principal to make the agent the executor of their wishes only if they are unable to give the orders. The powers of the agent bind and benefit the principal as well as their next of kin.
Using the DPOA, a principal could nominate a trustee of their estate for consideration by the court in the event of initiation of protective proceedings for the principal’s estate. The court, on the other hand, will appoint a guardian to the estate per the most recent agent nomination put forth by the principal, unless a disqualification or a good cause ensues.
The court-appointed guardian will be the one the principal-appointed agent reports to, not the principal, as long as the guardian has the same intentions as the principal before their incapacitation. The guardian, may, therefore, revoke, terminate or suspend the agency or the POA.
According to the Washington laws, all involved parties should rely on the disability of the principal to act on the powers provided by the POA.
Making health decisions
The appointed agent will make informed decisions about the principal’s health care. But, if two agents are appointed, and a decision is required on mental health procedures or treatment, the agent appointed most recently will issue the directives for the treatment
Spouses, adult children, or siblings can have the powers of attorney. But, physicians, employees, administrators, owners or employees at the medical facility will not make the decisions except for electroconvulsive therapy or inpatient admission.
3. Washington Limited Power Of Attorney Law
The limited POA is applicable should you wish to extend to an agent authority over specific matters. The agent can act on the specific powers only if the principal is incapacitated or unavailable. The limited powers are revocable through a written revocation notice sent to the agent and third parties acting under the agent’s directives.
As a resident of Seattle, Spokane, Tacoma, Vancouver, Bellevue, Kent, Everett, Renton, Federal Way, Spokane Valley or any other city of Washington, you can access our power of attorney forms easily from our website. Fill out the form above to get started.
WA Power of Attorney
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