A power of attorney (POA) is one of the most important legal tools you can include in your estate plan—yet it’s often overlooked until it’s too late. In Washington State, having a strong and properly executed POA can make all the difference when it comes to protecting your finances, your health care choices, and your peace of mind.

At Pettis Webber Pacific, we often tell our clients that a POA is not just a legal form—it’s a plan for continuity, stability, and trust. Here’s what you need to know.

What Is a Power of Attorney?

A power of attorney is a legal document that allows you to appoint someone (your “agent” or “attorney-in-fact”) to make decisions on your behalf. These decisions may relate to financial matters, legal issues, or health care, depending on how the document is drafted.

There are generally two types of POAs:

• Financial Power of Attorney: Authorizes your agent to handle banking, investments, property, and other financial transactions.
• Health Care Power of Attorney: Authorizes your agent to make medical decisions if you are unable to speak for yourself.

In Washington, these documents can be written to become effective immediately, or only upon incapacity (a “springing” power).

Why a Power of Attorney Is So Important

If you become incapacitated without a valid POA, your loved ones may have to go through a time-consuming and expensive court process to obtain legal authority to act on your behalf. This is known as a guardianship or conservatorship—and it can cost thousands of dollars in legal and court fees, even if everyone agrees on what should be done.

With a valid POA in place, your agent can step in immediately to manage your affairs, pay bills, make critical decisions, and ensure your wishes are respected—all without court involvement.

Choosing the Right Person: What to Consider

Your power of attorney agent will have access to sensitive information and significant decision-making authority. This means your choice should be thoughtful and intentional.

Key traits to look for include:

• Trustworthiness: Above all, choose someone who will act in your best interest and follow your instructions.
• Responsibility: This person should be organized and capable of managing financial or medical matters.
• Availability: Ideally, your agent should be someone who is local or easily accessible in an emergency.
• Calm Under Pressure: Your agent may need to make difficult decisions quickly and under stress.

You can also name alternate agents in case your first choice is unable or unwilling to serve.

Common Misconceptions

• “I’m married, so I don’t need a POA.” In Washington, your spouse does not automatically have authority to make all financial or medical decisions for you. A POA ensures clarity and avoids legal limitations.
• “I already have a will, so I’m covered.” A will only takes effect after death. A POA governs decisions while you’re still alive, especially if you become incapacitated.
• “I can just use an online form.” Generic POA forms may not meet Washington’s legal standards or may lack critical powers—especially for long-term care planning or complex financial matters.

Washington-Specific Considerations

In Washington State, powers of attorney must comply with RCW 11.125. Documents should clearly spell out what powers are granted and whether they include gifting, real estate transactions, long-term care planning, or other key decisions.

If you created a POA before 2017, it’s time to review it. Washington’s laws changed significantly that year, and older documents may no longer provide the authority your agent needs.

Get It Right—The First Time

At Pettis Webber Pacific, we help clients draft strong, personalized powers of attorney that reflect their values and comply with Washington State law. We walk you through each choice, explain what powers are included, and help you choose the right person for the job.

Final Thought

A power of attorney isn’t just about paperwork—it’s about protecting yourself and your loved ones from unnecessary stress and ensuring someone you trust can step in when you need them most.

Need to create or update your power of attorney? Click here to schedule a consultation with our team today.

P.S. Already have a POA? Let’s review it together to make sure it still meets your needs and complies with current Washington law. 

P.P.S. Encourage your loved ones to create their own POAs—this step is essential for anyone 18 and older, regardless of age or health.