Power of Attorney in Washington

Washington follows the Uniform Power of Attorney Act with its own changes. A power of attorney must be signed and dated by the principal and either acknowledged before a notary public (or other authorized officer) or signed in front of two competent witnesses. Witnesses may not be the principal's home care provider, a care provider at the adult family home or long-term care facility where the principal lives, or a relative of the principal or the agent. A power of attorney is NOT durable by default: it ends on the principal's incapacity unless it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'shall become effective upon the disability of the principal.' The chapter does not prescribe a statutory form for the power of attorney itself.

Any adult may make a health care directive (living will) to withhold or withdraw life-sustaining treatment in a terminal or permanent unconscious condition. It must be signed and either acknowledged before a notary public or signed in the presence of two witnesses. Witnesses may not be related to the person by blood or marriage, entitled to any part of the estate, the attending physician or the physician's employee, an employee of a health facility where the person is a patient, or anyone with a claim against the estate. The statute provides a sample form the directive may follow. A health care agent may be appointed in a power of attorney that expressly grants health care authority; the person's physician and facility employees generally may not serve as agent unless they are close family.

Washington's Uniform Power of Attorney Act (chapter 11.125 RCW) does not provide a statutory fill-in form for a financial power of attorney; its form section is an agent's certification (RCW 11.125.430). A power of attorney must be signed and dated by the principal and either acknowledged before a notary public (or other person authorized to take acknowledgments) or signed by two or more competent witnesses in the principal's presence; witnesses cannot be the principal's home care providers or care providers at the principal's adult family home or long-term care facility, and cannot be related to the principal or agent by blood, marriage or state-registered domestic partnership (RCW 11.125.050). An agent may make health care decisions only if the power of attorney expressly grants that authority (RCW 11.125.240). Separately, RCW 70.122.030 provides an optional "Health Care Directive" form; it must be signed before two witnesses who are not relatives, heirs, creditors, the attending physician or that physician's or the facility's employees, or acknowledged before a notary.