Durable power of attorney

A power of attorney form lets you choose a trusted friend or relative to help you with your finances and/or health care decisions. After you sign it, the person you choose will take the power of attorney to your medical providers, bank, school, and other places to make decisions and sign contracts just as if they were you. 

The trusted friend or relative you choose to help you with your finances and/or health care decisions is called your “agent.”

A power of attorney is “durable” if it says that your agent can use it even if you become sick or injured and cannot make decisions for yourself.

You should sign your Durable Power of Attorney forms in front of a notary. If you can't find a notary, you can sign it in front of two “disinterested” witnesses instead. However, notarization is preferred, especially for a Durable Power of Attorney for Finances. 

After you sign your forms, make 2 copies. Give the original form to your agent, give one copy to your alternate agent, and keep the second copy for yourself. 

Yes. You can cancel (you can revoke) your power of attorney at any time with a written notice to your agent. 

After you revoke your old power of attorney, you can sign a new power of attorney form to choose a different agent. In your new power of attorney form, make sure it says all earlier power of attorney forms are revoked. 

Sometimes a bank or other business will tell your agent that they won’t accept your power of attorney form. There are 2 common reasons this may happen:

1. Form Not Notarized. Washington law says your power of attorney form is valid when you sign it in front of a notary or in front of two disinterested witnesses. But some banks or other businesses insist that it must be notarized. You can sign a new form in front of a notary. But your agent can also ask to speak to their legal department and point out Revised Code of Washington (RCW) 11.125.050. If your form was properly witnessed by two uninterested witnesses instead of being notarized, the form is still valid under Washington law. Your bank should accept it.
2. Not the “Right” Form. The power of attorney forms on this page are valid under Washington law, but some banks and other businesses want you to use their form. If a bank or other business won’t accept your power of attorney form, your agent can ask to contact their legal department and point out RCW 11.125.050 and RCW 11.125.200(3)(a). 

Agents can be asked for certification. The bank may say they will accept the power of attorney only if the agent signs a “certification” statement confirming that the power of attorney form is valid. This is legal. However, if the bank wants a certification statement, they must ask for it within 7 days of the day you give them the power of attorney form. Only the agent has to sign the certification statement. 

Try to get legal help if a bank or institution is denying your form or requiring you to use their forms.