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Power of Attorney

A Power of Attorney (POA) is a legal document that allows you to name someone to make decisions on your behalf. It’s useful for older adults or anyone who wants to ensure a trusted person can handle their affairs if they become unable to do so.

You can set up a POA in advance and choose a substitute decision-maker, known as an agent, to manage your finances/estate and/or make medical decisions. If you’re capable, you can revoke or modify the POA at any time by notifying your agent in writing.

However, a POA comes with some risks, because it gives your agent significant control over your finances without ongoing supervision. It’s a good idea to work with an attorney to create a POA that provides your agent with the necessary authority while also including safeguards to protect your interests.

When submitting a POA to DRS, be sure to include all pages, including the notarized signature page. Your agent must also submit a completed and notarized Affidavit of Attorney in Fact, available on the DRS website. If you’ve named more than one agent, we need an affidavit from each one. We cannot process the POA until we have the completed documents and affidavits from all your named agents.

Frequently Asked Questions

These are the questions we often hear from customers about POAs. If you don’t see what you need, contact DRS.

What are the requirements for a POA in Washington state?

  • It must meet the requirements of Washington Law (Chapter 11.125 RCW, Uniform Power of Attorney Act)
  • It must be in writing and signed in front of a notary public or by two disinterested adults who witness the signature
  • The principal must be mentally competent when signing the POA
  • It must include a durability clause that specifies whether it remains in effect if the principal becomes incapacitated
  • It must specify what authority the agent has
  • It must state the agent’s responsibilities, such as avoiding conflicts of interest and maintaining accurate records

When does a POA take effect and how long does it last?

  • It can take effect immediately or in the future
    • A future time might be a specific date or it may be defined by an event – for example, certification by your doctor that you are unable to make decisions on your own
  • It can last for a limited time or indefinitely
  • It ends when you die.

What are the different types of POA?

  • Durable Power of Attorney – allows your agent to continue acting on your behalf if you become incapacitated
  • Non-Durable Power of Attorney – expires if you become incapacitated or die
  • General Power of Attorney – may be durable or non-durable – grants your agent broad authority to act on your behalf for making any financial, business, real estate and legal decisions that would otherwise be your responsibility

    For example:
    • Manage banking transactions
    • Buy and sell property
    • Pay bills
    • Enter into contracts
    • Manage your retirement
  • Springing Power of Attorney – also called a conditional POA – only goes into effect if a specific event, such as incapacity or disability occurs. The event must usually be certified by the attending physician or two doctors who have treated the principal.
  • Limited (Special) Power of Attorney – allows an agent to act on your behalf, but only for specific purposes that are laid out in the document. This type of POA usually expires once the specific tasks have been completed.
  • Medical Power of Attorney – gives your agent authority to make important medical decisions on your behalf.

Can I continue to act for myself after giving a Power of Attorney?

Yes. Giving someone authority in a POA does not prevent you from making decisions or conducting business on your own. If you and the agent disagree, your decision governs.

Can I cancel a Power of Attorney?

Yes. To cancel a POA you should give written notice to the agent and, if possible, to anyone who is relying on it. If the POA was filed with a county records department, the notice canceling it should be filed in the same place.

If you named your spouse or registered domestic partner as your agent, their authority to act is automatically terminated if a divorce, legal separation or termination of the registered domestic partnership is initiated.

Can I give authority to more than one agent at a time?

  • Yes. You can name more than one person to act for you, or name alternative agents to act for you if the person you named cannot or will not act.
  • You can also name different people to be responsible for different tasks. For example, one agent might be responsible for your medical care and the other for your finances.
  • Before giving authority to more than one person, consider whether confusion or conflict is likely to result. You may want to discuss how to handle the potential disadvantages with a lawyer before proceeding.

Do I have to name every power I want to give my agent in the document?

  • No. Broad language granting the agent power to do all acts that the principal could do, or contains words of similar effect, may be enough for most purposes.
  • Certain powers are only allowed if they are specifically granted in the POA. These are:
    • Power to make gifts of your money or property
    • Power to change your community property agreement
    • Power to designate beneficiaries of your insurance policies or employee retirement benefits
  • Some powers cannot be given to an agent, such as the power to vote in public elections, and the power to make or change a will

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