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Power of Attorney in Washington State: Requirements, Durability, and How to Get One

A Washington power of attorney needs a notary or two qualified witnesses, and it ends on incapacity unless it says otherwise. Here is what RCW 11.125 requires and how it works.

By naveen · Updated · How we research our guides

What to know

A power of attorney in Washington State is valid when your parent signs and dates it and the signature is either acknowledged before a notary or witnessed by two qualified adults (RCW 11.125.050). Durability comes next: unless the document includes durability wording, its authority ends when your parent becomes incapacitated, which is the situation a durable power of attorney exists for.

What is a durable power of attorney in Washington?

A durable power of attorney is one whose authority is "not terminated by the principal's incapacity," and in Washington a document is durable only if it contains wording that says so. In it, your parent (the principal) names someone (the agent) to act for them. Washington's Uniform Power of Attorney Act, RCW 11.125, took effect January 1, 2017.

Here Washington differs from states such as Ohio and North Carolina, where durability is the default. Under RCW 11.125.040, the authority "terminates upon the incapacity of the principal unless the writing contains the words" "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing that intent. If your parent's goal is a document that works through illness or decline, that wording has to be in it. For why timing matters, see our guide to power of attorney for an elderly parent.

What does Washington require for a power of attorney to be valid?

Under RCW 11.125.050, the document must be signed and dated by your parent, and then either:

OptionWhat the statute says
NotaryThe signature is acknowledged before a notary public or another official authorized to take acknowledgments
Two witnessesTwo or more competent witnesses sign it, in your parent's presence and at their direction or request

Witnesses can't be:

Notarizing it does more than satisfy the statute. A notarized signature is presumed genuine, and the bank deadlines described below apply only to an "acknowledged" power of attorney, meaning one verified before a notary or other official (RCW 11.125.190). The document must also use the words "power of attorney," because that's how the statute defines one.

Is there an official Washington power of attorney form?

No. Washington's power of attorney chapter, RCW 11.125, doesn't include a fill-in statutory form for the power of attorney itself. Its only form is an optional certification an agent can use to confirm facts about the document. A power of attorney signed in Washington on or after January 1, 2017, is valid if its signing complies with RCW 11.125.050 (RCW 11.125.060), whether an attorney drafts it or your parent uses another document.

Whatever document your parent uses, some powers must be granted expressly. Under RCW 11.125.240, an agent can't make gifts, create or change beneficiary designations or rights of survivorship, create or change trusts, or make health care decisions unless the document expressly grants that authority. General language isn't enough.

Can a Washington power of attorney cover health care?

Yes, if it says so. Washington appoints a health care agent through a power of attorney under the same chapter, with the same signing rules. When the document grants general authority over health care matters, the agent can act as your parent's personal representative for medical privacy purposes and give informed consent to health care decisions (RCW 11.125.400).

Some people can't serve as a health care agent unless they're your parent's spouse, registered domestic partner, parent, adult child or sibling: your parent's physicians and their employees, and the owners, administrators or employees of a health care or long-term care facility where your parent lives or receives care. Washington's living will, called a health care directive, is a separate document; see our guide to Washington advance directives.

When does it take effect, and when does it end?

It's "effective when executed" unless it says it starts at a future date or event (RCW 11.125.090). A power of attorney that starts on incapacity can name who decides. If it doesn't, a written determination by a physician or licensed psychologist who has examined your parent and isn't related to your parent or the agent can trigger it, or one by a judge or appropriate government official.

Under RCW 11.125.100, it ends when:

An agent's authority also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation." That's the filing, not the final decree, and the authority is reinstated if the case is dismissed with both parties' consent or withdrawn.

A court-appointed guardian or conservator doesn't end it. Washington law says a guardian "does not have the power to revoke or amend a power of attorney for health care or power of attorney for finances" made by the adult, though the court can (RCW 11.130.335).

What does the agent have to do?

Under RCW 11.125.140, an agent must act according to your parent's reasonable expectations as far as the agent knows them, otherwise in your parent's best interest, in good faith, and only within the authority granted.

Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, act with care and diligence, "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal," and attempt to preserve your parent's estate plan. If your parent, a guardian or a protective government agency asks in writing for those records, the agent has thirty days to provide them or explain why more time is needed. Our guide to protecting a parent from scams covers the warning signs any agent should know.

Do banks have to accept a Washington power of attorney?

Yes for a notarized one, within set deadlines, unless a statutory exception applies. Under RCW 11.125.200, a person asked to accept an acknowledged power of attorney must accept it, or request an agent's certification or a translation, "no later than seven business days after presentation." After receiving what they asked for, they have five business days to accept, and they "may not require an additional or different form of power of attorney" for authority the document already grants.

The statute lists reasons a bank can still refuse, such as a good-faith belief that the document isn't valid, or a report to the Department of Social and Health Services about possible abuse or exploitation by the agent. A wrongful refusal can bring a court order to accept it and liability for reasonable attorneys' fees.

How do you get a power of attorney for an elderly parent in Washington?

Your parent signs and dates a document naming the agent, before a notary or two qualified witnesses, while they're still able to. The steps:

  1. Talk with your parent about who they'd want acting for them, and who should step in if that person can't.
  2. Choose a document, drafted by an attorney or from another source, that uses the words "power of attorney."
  3. Check that it contains durability wording, so it survives incapacity.
  4. Decide whether it should include health care decisions, gifts or other powers that need an express grant.
  5. Your parent signs and dates it before a notary, or before two qualified witnesses.
  6. Give the agent a copy and keep the original somewhere safe.

Timing is the constraint. Your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in our Washington guardianship guide. If the situation is complicated, it helps to know what an elder law attorney does.

How do you revoke a power of attorney in Washington?

Your parent can revoke it, and Washington's chapter doesn't prescribe a method: revocation is listed among the events that end a power of attorney under RCW 11.125.100. The same section protects an agent or anyone else who, "without actual knowledge of the termination, acts in good faith under the power of attorney," so the agent, the bank and anyone else holding a copy need to learn of the revocation.

A recorded power of attorney is different. Under RCW 65.08.130, a power of attorney recorded with the county isn't revoked "unless the instrument of revocation is also recorded in the same office."

Signing a new power of attorney doesn't cancel an older one unless the new one says so.

How much does a power of attorney cost in Washington?

Washington caps the notary's fee: $15.00 for taking an acknowledgment, $25.00 for a remote notarial act, and a notary doesn't have to charge (WAC 308-30-220). Signing before two qualified witnesses instead carries no notary fee.

If your parent hires an attorney to draft the document, the attorney's fee is separate; none of the rules above set it.

Frequently asked questions

Does a power of attorney need to be notarized in Washington State?

Not necessarily. RCW 11.125.050 accepts either a notary's acknowledgment or two qualified witnesses who aren't relatives of your parent or the agent, or your parent's care providers. Notarizing has practical advantages: the signature is presumed genuine, and the seven-business-day rule for banks applies to notarized powers of attorney.

Is a Washington power of attorney durable?

Only if it says so. Under RCW 11.125.040, a Washington power of attorney ends when your parent becomes incapacitated unless it contains wording such as "This power of attorney shall not be affected by disability of the principal." That differs from states such as Ohio and North Carolina, where durability is the default, so it's worth checking the document.

Where can I get a Washington power of attorney form?

Washington's power of attorney law, RCW 11.125, doesn't include a fill-in statutory form; its only form is an optional agent's certification. An attorney can draft one for your parent's situation. Whatever the source, the document must use the words "power of attorney," meet the signing rules, and include durability wording and any express grants your parent wants.

Can a Washington power of attorney make medical decisions?

Yes, if it expressly grants health care authority. Under RCW 11.125.240 and 11.125.400, an agent can make health care decisions and act as your parent's personal representative for medical records only when the document grants that authority. Your parent's doctors and care facility staff can't serve unless they're close family.

What if my elderly parent can no longer sign?

If your parent is physically unable to sign, Washington allows signing by mark. If your parent can't make a mark, a person who is "otherwise competent" can orally direct the notary to sign for them (RCW 64.08.100). If your parent can no longer make the decision, a court guardianship or conservatorship may be the remaining route.

Is a power of attorney from another state valid in Washington?

Yes, if it met the right law when signed. Under RCW 11.125.060, a power of attorney signed outside Washington is valid there if it complied with the law of the jurisdiction that governs it or with the federal requirements for a military power of attorney. Banks may still ask for an agent's certification.

Getting started

A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Washington it needs the right wording to survive incapacity. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

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Retirement Checklist explains how these documents work; it is not a law firm, and this page is not legal, financial or medical advice. Decisions belong to your parent, ideally with a qualified professional in their state.

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