What is a durable power of attorney?

A durable power of attorney is a legal document that allows a person, known as the principal, to appoint another person, known as the agent or attorney-in-fact, to make financial and other decisions on their behalf. This type of power of attorney may remain in effect even if the principal becomes mentally incapacitated or otherwise unable to make decisions on their own. In Washington, a durable power of attorney document must be in writing and signed to be legally valid. This document must also include a statement that the power of attorney is effective in the event of the principal’s incapacity or disability. In addition, Washington law requires that the durable power of attorney be signed by two witnesses who must be “disinterested parties”—that is, people who are not related to the principal, not financially dependent on the principal, and are not entitled to any part of the principal’s estate. The power granted to the attorney-in-fact can be very broad, such as the power to manage the principal’s financial affairs, or narrower in scope. For example, a durable power of attorney may be limited to allowing the attorney-in-fact to make decisions regarding real estate transactions, healthcare decisions, or tax matters. The durable power of attorney document is a powerful and important tool in estate planning. By having the document in place, the principal is able to be sure that if they become incapacitated, their financial affairs and other matters will be taken care of.

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What is a durable power of attorney?

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