Washington Power of Attorney Requirements & Form
Washington adopted the Uniform Power of Attorney Act at RCW chapter 11.125, but it keeps two rules that differ from most states: an either or notary and witness option, and express durability language. This page covers how the document is executed in Washington.
Washington requirements
- Washington follows the Uniform Power of Attorney Act at RCW chapter 11.125, effective for instruments created on or after January 1, 2017.
- Under RCW 11.125.050 the power of attorney must be signed and dated by the principal.
- The signature must then be either acknowledged before a notary public, or attested by two or more competent witnesses who subscribe their names in the presence of the principal and at the principal's direction or request. Notarization and witnesses are alternatives, not both.
- RCW 11.125.050 disqualifies certain witnesses: home care providers for the principal, care providers at an adult family home or long term care facility where the principal resides, and individuals related to the principal or to the agent by blood, marriage, or state registered domestic partnership.
- Durability is not automatic in Washington. RCW 11.125.040 provides that authority terminates on the principal's incapacity unless the writing contains words such as "This power of attorney shall not be affected by disability of the principal" or similar language showing the principal intends the authority to survive incapacity. Include that language expressly.
- For a real estate transaction, have the document notarized rather than witnessed and confirm recording requirements with the county auditor where the property sits.
Frequently asked questions
Does a Washington power of attorney have to be notarized?
Not strictly. RCW 11.125.050 allows the principal's signature to be either acknowledged before a notary public or attested by two competent witnesses who are not disqualified under the statute. Notarization is still the safer route, and it is normally expected for anything that will be recorded.
Is a Washington power of attorney durable by default?
No. Under RCW 11.125.040 the agent's authority ends when the principal becomes incapacitated unless the document expressly says otherwise, using wording such as "This power of attorney shall not be affected by disability of the principal." Make sure that language is in the signed document.