A power of attorney is a legal document that appoints an agent to act on behalf of the principal. As the creator of a power of attorney, you are the principal. Your agent (or attorney-in-fact) is the individual you choose to carry out the duties and responsibilities you grant them in a power of attorney.

Washington follows the Uniform Power of Attorney Act, codified in Chapter 11.125. The Act explains the requirements for a power of attorney and the powers you assign to your agent. Most people execute broad powers of attorney so their agents can handle all matters that arise. However, you can make powers of attorney as extensive or limited as you prefer. Sometimes, people draft limited powers of attorney for one function, like appointing an agent to finish a business transaction or close on a home purchase.

Consider your choices for agent or attorney-in-fact carefully. You want to choose someone knowledgeable about your financial accounts, daily transactions, fiduciary relationships, and other priorities. Most people appoint their spouses or live-in partners, but you can also select other family members, close friends, or a business associate. Also, choose a successor agent in case your first choice cannot serve in the future.

The scope of a power of attorney is the duties and responsibilities you assign to your agent. Your form contains specific powers explained in the law (R.C.W. 11.125.250 through 11.125.410) and listed on your power of attorney form. You indicate which powers to assign to an agent by initialing after them or crossing them out. For example, you may choose to authorize your agent to handle real property, stocks and bonds, bank accounts, and family maintenance, but not the operation of your small business.

You must sign your power of attorney in front of two or more witnesses or a notary public. Your witnesses cannot have any interest in your estate or be related to you by blood or marriage (including domestic partners). If you live in an adult care home, employees and operators of that home cannot be witnesses. It may be easier to find a notary public at your local bank branch or hire a mobile notary public to finalize your power of attorney — especially if you rarely socialize outside your family.

Once final, make copies of your power of attorney and provide copies to your agent, family members, and any loved ones affected by its contents. Store the original in a safe deposit box or a secure fireproof file cabinet at home.

If your circumstances change, you can change or revoke a power of attorney by creating a new one. You can also execute a document called a revocation of power of attorney, but it is usually safer and easier to sign a new one.