What is a power of attorney?

A power of attorney is a legal document used to designate another person or entity to act on your behalf. In Washington, a power of attorney is used in Trusts and Estates Law to give another party the right to make decisions and act on your behalf, such as signing contracts and walking on your behalf in court. The power of attorney is like giving someone else the ability to think and act as you would, making decisions in your best interest. The person or entity you designate as your power of attorney is known as the “attorney-in-fact”. Depending on the type of power of attorney you decide to create, the attorney-in-fact can have a variety of powers and responsibilities. When you create a power of attorney document, you can choose for it to become effective either immediately or upon your incapacity. It is important to be clear in the document if you choose the latter option, as it can be important for when you become unable to make decisions for yourself. In Washington, a power of attorney document must be signed before two witnesses and be notarized in order to be legally binding. Additionally, the document must be dated and contains a statement that it revokes any prior power of attorney documents. With the power of attorney, you can also include additional instructions that you may want the attorney-in-fact to follow.

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