Signing Over Authority
RCW 11.125.040 — it ends on incapacity unless it says otherwise
In Washington, a power of attorney is signed and dated by the principal, and the signature is either acknowledged before a notary public or other person authorized to take acknowledgments, or attested by two or more competent witnesses who sign in the principal's presence and at the principal's direction or request.
Who cannot witness. The witnesses cannot be home care providers for the principal, or care providers at an adult family home or long term care facility where the principal lives, and cannot be related to the principal or the agent by blood, marriage or state registered domestic partnership.
Not durable unless it says so. In Washington, the authority ends on the principal's incapacity unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing that intent.
Live when signed unless it says otherwise. A power of attorney is effective when executed unless it provides that it starts at a future date or on a future event, and it can name one or more people to decide in writing that the event has happened. Where it waits on incapacity and nobody is named, it takes effect on a written determination by a physician or licensed psychologist, unrelated to the principal or agent, who has personally examined the principal, or by a judge or an appropriate government official.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt survives incapacity automatically | What the law actually doesIt ends on incapacity unless it carries the durable words |
| The assumptionIt has to be notarized | What the law actually doesA notary, or two or more competent witnesses within the section's limits |
| The assumptionA relative can witness it | What the law actually doesWitnesses cannot be related to the principal or the agent |
| The assumptionIt waits until I lose capacity | What the law actually doesEffective when executed unless it says otherwise |
Whatever the document says, an agent who has accepted appointment acts on the principal's reasonable expectations as far as actually known, otherwise in the principal's best interest, in good faith, and within the authority granted. Unless the document says otherwise, the agent also acts loyally, avoids conflicts of interest, and keeps a record of all receipts, disbursements and transactions.
Thirty days to disclose. Unless the document says otherwise, when a court orders it or the principal, a guardian, a conservator, another fiduciary, a protective agency or, after a death, the personal representative asks in writing, the agent complies within thirty days, or provides a record of why more time is needed and complies within an additional thirty days.
An agent may delegate authority only where the document expressly allows it, and then only some of it. Revocation, gifts, and the powers that must be granted expressly run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Washington attorney.
Sources for this section (4)
- RCW 11.125.050 — Power of attorney: requirements
- RCW 11.125.040 — Power of attorney: ends on incapacity unless durable
- RCW 11.125.090 — Power of attorney: when effective
- RCW 11.125.140 — Agents: duties, liability, disclosures
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.