How Do I Create a Power of Attorney?

By Chad Foster, Family Law Attorney · Updated September 11, 2026

A power of attorney is one of the most useful documents in any estate plan, but it only works if it is created correctly and, just as important, only if it keeps working when you need it most. In Washington, a common and costly mistake is assuming a power of attorney survives incapacity when, by default, it does not.

What a Power of Attorney Does

A power of attorney is a document in which you, the principal, give another person, the agent, authority to act on your behalf. Depending on how you write it, the agent might handle your finances, sign documents, manage accounts, or make certain decisions for you. It is a flexible tool that lets you decide, in advance, who steps in and what they can do. Choose deliberately among limited, financial, healthcare, durable, and springing powers of attorney.

Washington's rules for powers of attorney are found in chapter 11.125 RCW, the Uniform Power of Attorney Act as adopted in this state. That chapter tells you how to create a valid document and, critically, what happens to that document if you become incapacitated. Getting both pieces right is what separates a power of attorney that protects you from one that quietly fails at the worst possible time.

How to Execute a Valid Power of Attorney

Washington sets specific execution requirements, and skipping them can invalidate the whole document. Under RCW 11.125.050, a power of attorney must be signed and dated by the principal. The signature then has to be validated in one of two ways. The first option is to have the signature acknowledged before a notary public or another individual authorized by law to take acknowledgments. The second option is to have the signature attested by two or more competent witnesses.

The witness option comes with conditions that are easy to overlook. Under RCW 11.125.050, the witnesses cannot be your home care provider, and they cannot be a care provider at an adult family home or long-term care facility where you live. The witnesses also cannot be related to you or to your agent by blood, marriage, or state registered domestic partnership. They must subscribe their names to the document while in your presence and at your direction. Because these restrictions disqualify many of the people who might naturally be nearby, having the document notarized is often the cleaner and safer route. RCW 11.125.050 also provides that a signature is presumed genuine when it is acknowledged before a notary, which is one more reason notarization tends to be the practical choice.

The Durability Trap

Here is the point that surprises most people, and it is the most important thing to understand about creating a power of attorney in Washington. A power of attorney is not durable by default in this state. If you do nothing special, your agent's authority ends the moment you become incapacitated, which is very often the exact moment you most need someone to act for you.

This is spelled out in RCW 11.125.040. Under that statute, the authority conferred under a power of attorney terminates upon the incapacity of the principal unless the document contains specific language showing you intended otherwise. The statute even identifies the kind of language that works, such as words stating that the power of attorney shall not be affected by the disability of the principal, or that it shall become effective upon the disability of the principal, or similar words showing your intent that the authority continue notwithstanding your incapacity.

The practical lesson is direct. If you want your agent to be able to manage your affairs after an illness or injury leaves you unable to act, your power of attorney must include express durability language. A document that is perfectly signed, dated, and notarized but omits that language will still cut off your agent's authority the instant you lose capacity. This single omission defeats the very purpose most people have in mind when they create a power of attorney, and it is entirely avoidable.

Creating a POA That Actually Works

Miss the durability step and it fails exactly when you need it.

1

Decide the scope and choose a reliable agent; decide if it takes effect now or only on incapacity.

2

Include express durability language, or the authority ends the instant you lose capacity (RCW 11.125.040).

3

Sign and date, then either notarize (the cleaner route) or use two qualified witnesses (RCW 11.125.050).

4

Store it where your agent and institutions can actually find it.

The Steps in Order

Putting this together, creating a power of attorney in Washington follows a clear sequence. Start by deciding what you want the document to do and who you trust to serve as your agent. Choose someone reliable, because you are handing that person real authority over your affairs. Next, decide on the scope of the powers you are granting and whether the document should take effect immediately or only upon your incapacity.

Then make sure the document includes express durability language if you want it to survive incapacity, as required by RCW 11.125.040. Sign and date the document, and have your signature either notarized or witnessed by two qualified witnesses in the manner set out in RCW 11.125.050. Finally, store the document somewhere safe and make sure your agent and the relevant institutions can access it when the time comes. A power of attorney that no one can find does you little good.

Questions People Often Ask

A frequent question is whether one power of attorney can cover both finances and health care. Many people use a financial power of attorney for money matters and a separate health care directive or health care power of attorney for medical decisions. Which combination fits you depends on your goals, and it is worth discussing rather than assuming a single form covers everything. For financial authority, plan for the bank's review, certification requests, and acceptance deadlines.

People also ask whether they can change or revoke a power of attorney later. Generally, as long as you have capacity, you can revoke or replace it, which is one reason to review your documents periodically as your life and relationships change.

Get It Right With the Law Office of Chad Foster

A power of attorney is simple in concept but unforgiving in the details, and the durability requirement in particular trips up people who try to do it themselves. If you are in Snohomish County and want a power of attorney that is valid, durable, and tailored to your needs, the Law Office of Chad Foster can help you prepare it correctly the first time. Contact the office to schedule a consultation and put the right protections in place.