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.
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.
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.
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.
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