What is a durable power of attorney?

A durable power of attorney is a legal document that allows a person (the “principal”) to appoint someone else (the “agent” or “attorney-in-fact”) to act on their behalf. It is commonly used in trusts and estates law in Washington. The agent is empowered to make decisions about all aspects of the principal’s lifestyle, financial matters, and management of their property or assets. The document is “durable” because it remains in effect even if the principal becomes incapacitated or unable to make decisions for themselves. Without a durable power of attorney, a court-appointed guardian would be required to manage the principal’s personal and financial affairs. The principal and agent must both sign the durable power of attorney in the presence of a notary public. Depending on the type of power of attorney, additional witnesses may also be required. The document must also be filed with the county superior court clerk’s office. The agent is required to act in the best interest of the principal and must adhere to instructions outlined by the principal in the document. The durable power of attorney may be revoked at any time by the principal, as long as they are still legally competent to do so. Ultimately, durable powers of attorney are incredibly important documents that allow a principal to ensure that their wishes are carried out even if they are unable to do so themselves. It is essential to consult an experienced attorney before creating a durable power of attorney in order to understand the full implications of such an action.

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