General Durable Power of Attorney for Property and Finances or Financial Effective Immediately
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE REVISED CODE OF WASHINGTON
DURABLE POWER OF ATTORNEY
(§§11.94.010 through 11.94.043)
Whenever a principal designates another as his or her attorney in
fact by a written power of attorney, and 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 the intent of the principal that
the authority conferred shall be exercisable notwithstanding the principal's
disability, the authority of the attorney in fact is exercisable on behalf
of the principal as provided notwithstanding later disability or incapacity
of the principal at law or later uncertainty as to whether the principal
is dead or alive.
All acts done by the attorney in fact pursuant to the power of attorney
during any period of disability or incompetence or uncertainty as to whether
the principal is dead or alive have the same effect and inure to the benefit
of and bind the principal or the principal's guardian or heirs, devisees,
and personal representative as if the principal were alive, competent,
and not disabled.
A principal may use a durable power of attorney to nominate the
guardian or limited guardian of his or her estate or person for consideration
by the court if protective proceedings for the principal's person or estate
are commenced. The court shall make its appointment in accordance
with the principal's most recent nomination in a durable power of attorney
except for good cause or disqualification.
Persons may place reasonable reliance on any determination of disability
or incompetence as provided in a power of attorney that specifies the time
and the circumstances under which the power of attorney document becomes
effective.
A principal may authorize his or her attorney-in-fact to provide
informed consent for health care decisions on the principal's behalf. A
principal's attorney in fact may be the principal's spouse, or adult
child or brother or sister. None of the following persons may act
as the attorney-in-fact for the principal: Any of the principal's physicians,
the physicians' employees, or the owners, administrators, or employees
of the health care facility where the principal resides or receives care.
The power of attorney should be signed by the principal and acknowledged
before a notarial officer.
A durable power of attorney continues in effect until revoked or
terminated by the principal, by a court appointed guardian, or by court
order.
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