What is a durable power of attorney?

A Durable Power of Attorney is a legal document in the state of Washington that gives someone (known as the “agent”) the power to act on another person’s (known as the “principal”) behalf. This document specifies the agent’s authority, which can include any legal act such as making financial decisions, handling investments, or buying and selling property. The power of attorney becomes “durable” when it has a clause stating that it remains in effect even if the principal becomes incapacitated or mentally disabled. The Durable Power of Attorney is used to protect the principal if they are unable to make decisions for themselves due to a physical or mental disability. This document can help to avoid court-ordered guardianship, which could be very costly. This document must be completed according to Washington State law in order to be legally binding. If the Durable Power of Attorney is not properly completed or filed, it could be considered legally invalid. To complete this document, it must be signed by the principal in the presence of two witnesses, with one of the witnesses not being a beneficiary of the document. It must also be notarized. Once the document is completed, it should be delivered to the agent with an explanation of the scope of authority they have. The agent should also be provided with copies of any financial records related to the principal’s assets. It is important for the agent to be aware of the duties and responsibilities they assume upon accepting the power of attorney.

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