What is a power of attorney?

A power of attorney (POA) is an important legal document in elder law in Washington. It is a written authorization that allows someone to act on behalf of another person, known as the principal. The principal can give the agent broad or limited authority to do things like open and manage bank accounts, invest money, sign documents, make medical decisions, and much more. The principal must be competent, meaning they must be able to understand the power of attorney document, the authority they are giving to the agent, and the consequences of granting the authority. They cannot be under the influence of drugs or alcohol, or have any mental or physical disability impairing their ability to make decisions freely and voluntarily. In Washington State, powers of attorney are generally limited to three types: general, special, and durable. Generally, a general POA is used for general business matters and expires when the principal dies or becomes incapacitated. A special POA gives someone authority to do specific things and is used for transactions like real estate sales or financial investments. A durable POA remains in effect even if the principal becomes incapacitated. Most importantly, there needs to be a trusting relationship between the principal and the person being given the POA. Before creating a power of attorney in Washington, it is important to consult with a lawyer who specializes in elder law to ensure the document is written correctly and to understand the full implications of granting authority to someone else.

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