How do I create a power of attorney in Washington?

Washington adopted the UPOAA effective January 1, 2017, replacing the prior durable-POA statute (Ch. 11.94, repealed).

1. Governing Law

RCW Ch. 11.125 (Uniform Power of Attorney Act, effective 1/1/2017). Pre-2017 POAs remain valid under former Ch. 11.94.

2. Types

General vs limited.

Durable vs non-durable.

Springing — permitted under RCW 11.125.060.

Healthcare — RCW 11.125.400 (Healthcare POA), plus Directive to Physicians under RCW 70.122.

3. Statutory Form

RCW 11.125.410 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity protects third parties.

4. Execution Formalities

Under RCW 11.125.050, the POA must be signed and dated by the principal (or by another in principal's conscious presence at principal's direction) and either: (a) acknowledged before a notary public, OR (b) attested by two or more competent witnesses (witnesses must be at least the age of majority, cannot be the agent, principal's home-care provider, or principal's healthcare provider).

5. Durability

Under RCW 11.125.040, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. Washington follows UPOAA's default-durable rule.

6. Acceptance by Third Parties

RCW 11.125.200 mirrors UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Wrongful refusal allows court-ordered acceptance plus attorney fees.

7. Revocation

Principal may revoke in writing (RCW 11.125.090). Recording in the County Auditor's Office if real-estate POA was recorded. Notice to agent and third parties. Death, divorce of agent-spouse, or court-appointed guardian terminates.

8. Special Authorities

RCW 11.125.240 requires express grant for hot powers: create/amend/revoke a trust, make gifts, create or change survivorship rights, change beneficiary designations, delegate, exercise fiduciary powers, waive principal's right to be beneficiary of joint-and-survivor annuity.

This is legal information, not legal advice.