A Washington durable power of attorney is a document that grants authority to an agent to act on behalf of a principal in financial matters. The power of attorney will list the conditions of the representation, the acts that the agent will be able to perform, the causes of termination, and the effective date. As opposed to that of a non-durable, general power of attorney, the durable authority means that the agent can continue to represent the principal even after they are no longer able to communicate their wishes. In fact, it is often the case that the power of attorney only becomes effective upon the principal’s incapacitation.
Agent’s Duties – § 11.125.140
Signing Requirements (§ 11.125.050) – Notary Public or Two (2) Witnesses
Statutory Form – Not found in state statutes.
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.