A Washington Durable Power of Attorney is a legal instrument typically used by seniors and individuals who need representation in all their financial or legal matters beyond when they can no longer take action or make decisions on their own.
It is an important document recommended to all and sundry to draft as they grow older. In this article, you will discover a lot more about a durable power of attorney Washington state, how it works and who needs it.
Below are the inclusive components of the officiated form template:
-
- Sections of information for the agent's and principal's information.
- Capacities to be granted to agents are specified in detail.
- The legislation allows such authorizations.
- Conditions of revocation and more.
What Is A Washington Durable Power of Attorney?
It is a certain type of Washington POA. It specifies the legal rights of citizens of Washington state to name a family member, relative or whoever to represent their best interests by acting in their names beyond when they become incapacitated. To activate these rights, an individual must draft a durable power of attorney form Washington state. Those who select another to act in their names is referred to as the grantor or principal while the other party is described as the agent or attorney-in-fact.
For a durable power of attorney to be recognized in Washington state, it must be drafted in accordance with the laws stated in 11.125 of the Washington Revised Code Section.
Free Yourself From All Worries With Our Durable Power of Attorney Template For Washington State
Get our exclusive Durable Power of Attorney Washington State form template and attain the peace of mind that you seek.
Download and save the PDF format by clicking here.
How Does The Washington Durable Power of Attorney Work?
The legal requirements for a durable power of attorney in Washington state are as follows:
- The legal agreement between both parties must be written in clear and concise language
- The document must reflect the intent of principal and the willingness of the principal to let these powers remain with the agent notwithstanding if and when they become incapacitated.
Once signed, a durable power of attorney Washington state comes into effect either immediately, or when the principal’s physician certifies that the principal can no longer make decisions independently.
Who Needs a Washington Durable Power of Attorney?
Washington citizens should consider drafting a blank durable power of attorney form in Washington state and executing it under the provisions of the law, if they;
- are aging and would soon become a senior
- have a slight chance of coming down with a mental illness like dementia
- work in an environment with high risks
- engage in highly-tasking sporting events
- have medical preferences they like to uphold beyond when they become incapacitated
- do not want their family to go through several court proceedings to appoint a conservator over their affairs should they become incapacitated.
Free Yourself From All Worries With Our Durable Power of Attorney Template For Washington State
Get our exclusive Durable Power of Attorney Washington State form template and attain the peace of mind that you seek.
Download and save the PDF format by clicking here.
FAQs
-
Who’s considered competent to draft and execute a power of attorney in Washington state?
First things first, the principal and his/her agents must be at least 18 years of age for the document to be effective. In addition, the principal must be certified to be of sound mind before drafting a durable power of attorney.
-
What can’t my agent do?
Regardless of the content of the durable power of attorney, an agent is not legally permitted to create or revoke a will. The agent also cannot change the beneficiary to the principal’s life insurance policy or make gifts of any of the principal’s property.The agent is also not allowed to vote in a public election for the principal. Finally, your agent cannot act on your behalf after your death or transfer their power of attorney to someone else.
A power of attorney is not only reassuring but goes a long way in determining how your businesses, finances and real estate properties are managed upon your incapacitation. To get started, download any of CocoSign’s free durable power of attorney Washington State forms designed to accommodate the laws of the state.
DOCUMENT PREVIEW
- To receive and deposit funds in any financial institution, and to withdraw funds by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit. If necessary, to effect my Agent’s powers, my Agent is authorized to execute any document required to be signed by such banking institution.
_________ SAFE DEPOSIT BOX - To have access at any time or times to any safe-deposit box rented by me or to which I may have access, wheresoever located, including drilling, if necessary, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box; and any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of permitting my Agent to exercise this power.
_________ LENDING OR BORROWING - To make loans in my name; to borrow money in my name, individually or jointly with others; to give promissory notes or other obligations therefor; and to deposit or mortgage as collateral or for security for the payment thereof any or all of my securities, real estate, personal property, or other property of whatever nature and wherever situated, held by me personally or in trust for my benefit.
_________ GOVERNMENT BENEFITS - To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid.
_________ RETIREMENT PLAN - To contribute to, select payment option of, roll-over, and receive benefits of any retirement plan or IRA I may own, except my Agent shall not have power to change the beneficiary of any of my retirement plans or IRAs.
_________ TAXES - To complete and sign any local, state and federal tax returns on my behalf, pay any taxes and assessments due and receive credits and refunds owed to me and to sign any tax agency documents necessary to effectuate these powers.
_________ INSURANCE - To purchase, pay premiums and make claims on life, health, automobile and homeowners' insurance on my behalf, except my Agent shall not have the power to cash in or change the beneficiary of any life insurance policy.
_________ REAL ESTATE
- To acquire, purchase, exchange, lease, grant options to sell, and sell and convey real property, or any interests therein, on such terms and conditions, including credit arrangements, as my Agent shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, deeds, papers, documents or instruments which my Agent shall deem necessary in connection therewith.
_________ PERSONAL PROPERTY - To acquire, purchase, exchange, lease, grant options to sell, and sell and convey personal property, or any interests therein, on such terms and conditions, including credit arrangements, as my Agent shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, titles, papers, documents or instruments which my Agent shall deem necessary in connection therewith; to purchase, sell or otherwise dispose of, assign, transfer and convey shares of stock, bonds, securities and other personal property now or hereafter belonging to me, whether standing in my name or otherwise, and wherever situated.
_________ POWER TO MANAGE PROPERTY- To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interests therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my Agent shall deem proper.
_________ GIFTS - To make gifts, grants, or other transfers (including the forgiveness of indebtedness and the completion of any charitable pledges I may have made) without consideration, either outright or in trust to such person(s) (including my Agent hereunder) or organizations as my Agent shall select, including, without limitation, the following actions: (a) transfer by gift in advancement of a bequest or devise to beneficiaries under my will or in the absence of a will to my spouse and descendants in whatever degree; and (b) release of any life interest, or waiver, renunciation, disclaimer, or declination of any gift to me by will, deed, or trust
_________ LEGAL ADVICE AND PROCEEDINGS - To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse, without cause, to honor this instrument.
SPECIAL INSTRUCTIONS: On the following lines are any special instructions limiting or extending the powers I give to my Agent (Write “None” if no additional instructions are given):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY
AND AGENT'S AUTHORITY
State of ______________________
[County] of ______________________]
I, (Name of Agent), [certify] under penalty of perjury that ______________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ______________________, 20____.
I further [certify] that to my knowledge:
(1) I am acting in good faith pursuant to the authority given under the power of attorney;
(2) The principal is alive and has not terminated, revoked, limited, or modified the power of attorney or my authority to act under the power of attorney; nor has the power of attorney or my authority to act under the power of attorney been terminated, revoked, limited, or modified by any other circumstances;
(3) When the power of attorney was signed, the principal was competent to execute it and was not under undue influence to sign;
(4) All events necessary to making the power of attorney effective have occurred;
(5) If I was married or a registered domestic partner of the principal when the power of attorney was executed, there has been no subsequent dissolution, annulment, or legal separation, and no action is pending for the dissolution of the marriage or domestic partnership or for legal separation;
(6) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(7) If I was named as a successor agent, the prior agent is no longer able or willing to serve, or the conditions stated in the power of attorney that cause me to become the acting agent have occurred; and
(8) ________________________________________________________________
_____________________________________ (Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
________________________________________
Agent’s Signature