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Washington power of attorney
As of October 26, 2026, a Washington power of attorney is signed and dated, then notarized or attested by two qualified witnesses, and it ends at incapacity unless it says otherwise.
RCW 11.125.050 requires a Washington power of attorney to be signed and dated by the principal and either acknowledged before a notary public or attested by two or more competent witnesses.1
Under RCW 65.08.130, a recorded Washington power of attorney stays in force until the revocation is recorded in the same office.2
Preview of the document
Power of Attorney
State of Washington
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Washington’s rules, with sources
- State form
- To survive the principal’s incapacity, a Washington power of attorney must contain wording such as “This power of attorney shall not be affected by disability of the principal.”3
- RCW 11.125.430 sets out an optional form an agent may use to certify, under penalty of perjury, that a Washington power of attorney and the agent’s authority are still valid.4
- Signing
- RCW 11.125.050 requires a Washington power of attorney to be signed and dated by the principal and either acknowledged before a notary public or attested by two or more competent witnesses.1
- Witnesses to a Washington power of attorney cannot be related to the principal or the agent, nor be the principal’s home care provider or a care provider where the principal lives.1
- Washington presumes the signature on a power of attorney is genuine when the principal acknowledges it before a notary public.1
- A limited Washington power of attorney used only to transfer a vehicle to an insurer after a damage payment needs no notarized signature and may be signed electronically.1
- Deadlines
- A Washington power of attorney takes effect when executed unless it names a future date, event or contingency.5
- Within seven business days after an acknowledged, or notarized, Washington power of attorney is presented, the recipient must accept it or ask for an agent’s certification or a translation.6
- Once a requested certification or translation arrives, the person must accept the Washington power of attorney within five business days.6
- A Washington agent married to the principal loses authority as soon as divorce, annulment or legal separation proceedings between them are filed, unless the document provides otherwise.7
- Where it is filed
- Under RCW 65.08.130, a recorded Washington power of attorney stays in force until the revocation is recorded in the same office.2
- When the principal is incapacitated and no guardian, coagent or other interested person can be notified, a Washington agent may resign by filing notice with the county recorder where the principal lives.8
- Law
- Washington gives a photocopy or electronically transmitted copy of a power of attorney the same effect as the original, unless another statute says otherwise.9
- Where a Washington power of attorney grants general authority over health care matters, the agent may give informed consent to health care decisions for the principal.10
- A person who wrongly refuses an acknowledged Washington power of attorney can face a court order to accept it and liability for attorneys’ fees and costs.6
- The Washington Uniform Power of Attorney Act does not cover a power created on a form a government agency prescribes for a governmental purpose.11
Questions about a Washington power of attorney
How is a Washington power of attorney signed?
The principal signs and dates it. Then there are two routes: acknowledge the signature before a notary public, or have two or more competent witnesses sign in the principal’s presence and at the principal’s request.
The witnesses cannot be relatives of the principal or the agent, the principal’s home care provider, or a care provider at the adult family home or long-term care facility where the principal lives. Notarizing also brings a legal presumption that the signature is genuine.1
Does a Washington power of attorney survive incapacity?
Only if it says so. Under RCW 11.125.040, the authority ends when the principal becomes incapacitated unless the document uses words such as “This power of attorney shall not be affected by disability of the principal” or “shall become effective upon the disability of the principal.”
A springing power that starts at incapacity, with no one named to decide or with the named person unable or unwilling, takes effect on a written finding by an unrelated physician or licensed psychologist who examined the principal, or by a judge or appropriate official.3,5
How long does a Washington bank have to accept a power of attorney?
For a notarized power of attorney, seven business days from presentation to accept it or to ask for an agent’s certification or an English translation, then five business days after receiving it. The person cannot demand a different form for powers the document already grants.
These deadlines, and the court order and fees for a wrongful refusal, are written for acknowledged powers of attorney: ones verified before a notary public or another official authorized to take acknowledgments. RCW 11.125.430 gives an optional certification form the agent can bring.4,6,12
Can a Washington power of attorney cover health care?
Yes. When the document grants general authority over health care matters, the agent can act as the principal’s personal representative under HIPAA and give informed consent to health care decisions.
The principal’s physicians and their employees, and the owners, administrators or employees of the facility where the principal lives or receives care, cannot serve as that agent unless they are close family of the principal, such as a spouse, parent, adult child or sibling.10
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does a Washington power of attorney have to be notarized?
Not always. RCW 11.125.050 accepts either a notary’s acknowledgment or two qualified witnesses. The presumption of a genuine signature and the acceptance deadlines of RCW 11.125.200 are written for a power of attorney acknowledged before a notary or other authorized official.1,6
Is a power of attorney signed in another state valid in Washington?
Yes, if its signing met the law of the jurisdiction that governs it, or the federal requirements for a military power of attorney.9
Where this information comes from
Washington’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- RCW 11.125.050, Power of attorney; requirements Open the official page (opens in a new tab) ↩
- RCW 65.08.130, Revocation of power of attorney Open the official page (opens in a new tab) ↩
- RCW 11.125.040, Power of attorney; termination Open the official page (opens in a new tab) ↩
- RCW 11.125.430, Agent’s certification form Open the official page (opens in a new tab) ↩
- RCW 11.125.090, Power of attorney; when effective Open the official page (opens in a new tab) ↩
- RCW 11.125.200, Acknowledged power of attorney; acceptance; refusal Open the official page (opens in a new tab) ↩
- RCW 11.125.100, Power of attorney termination; agent authority termination Open the official page (opens in a new tab) ↩
- RCW 11.125.180, Agent resignation; procedure Open the official page (opens in a new tab) ↩
- RCW 11.125.060, Power of attorney; validity Open the official page (opens in a new tab) ↩
- RCW 11.125.400, Agent authority; health care Open the official page (opens in a new tab) ↩
- RCW 11.125.030, Application; exceptions Open the official page (opens in a new tab) ↩
- RCW 11.125.190, Acknowledged power of attorney; reliance; certification Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.