Wash. Rev. Code § 11.125.010
Short title—2016 c 209
Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.
Revised Code of Washington Chapter 11.125 — Uniform Power of Attorney Act
Washington · statute · Wash. Rev. Code ch. 11.125 · 47 active provisions
Wash. Rev. Code § 11.125.020
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor…
Wash. Rev. Code § 11.125.030
Application—Exceptions
(1) This chapter applies to all powers of attorney except:(a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;(b) A proxy or other delegation to exercise voting rights or management righ…
Wash. Rev. Code § 11.125.040
Power of attorney—Termination
The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," o…
Wash. Rev. Code § 11.125.050
Power of attorney—Requirements
(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers a…
Wash. Rev. Code § 11.125.060
Power of attorney—Validity
(1) A power of attorney executed in this state on or after January 1, 2017, is valid if its execution complies with RCW 11.125.050.(2) A power of attorney executed in this state before January 1, 2017, is valid if its execution complied with the law of this state as it existed at the time of execution.(3) A power of at…
Wash. Rev. Code § 11.125.070
Power of attorney—Meaning and effect
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Wash. Rev. Code § 11.125.080
Conservator of principal's estate or guardian of principal's person
(1) In a power of attorney, a principal may nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the cour…
Wash. Rev. Code § 11.125.090
Power of attorney—When effective—Principal's personal representative for health care
(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, i…
Wash. Rev. Code § 11.125.100
Power of attorney termination—Agent authority termination
(1) A power of attorney terminates when:(a) The principal dies;(b) The principal becomes incapacitated, if the power of attorney is not durable;(c) The principal revokes the power of attorney;(d) The power of attorney provides that it terminates;(e) The purpose of the power of attorney is accomplished; or(f) The princi…
Wash. Rev. Code § 11.125.110
Coagents—Successor agents—Liability
(1) A principal may designate in a power of attorney two or more persons to act as coagents. Unless the power of attorney otherwise provides, all coagents must exercise their authority jointly; provided, however, a coagent may delegate that coagent's authority to another coagent.(2) A principal may designate one or mor…
Wash. Rev. Code § 11.125.120
Reimbursement of expenses for agents
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to reasonable compensation.
Wash. Rev. Code § 11.125.130
Accepting appointment as an agent
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Wash. Rev. Code § 11.125.140
Agents—Duties—Liability—Disclosures
(1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:(a) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;(b) Act in good faith; and(c) Act only within the scope of a…
Wash. Rev. Code § 11.125.150
Power of attorney provisions relieving agent liability—When allowed
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with gross negligence…
Wash. Rev. Code § 11.125.160
Court petition—Who may file—Reasons may file
(1) Except as otherwise provided in the power of attorney, the following persons may bring a petition described in subsection (2) of this section:(a) The principal or the agent;(b) The spouse or state registered domestic partner of the principal;(c) The guardian of the estate or person of the principal;(d) Any other in…
Wash. Rev. Code § 11.125.170
Chapter violations—Agent liability
An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred.
Wash. Rev. Code § 11.125.180
Agent resignation—Procedure
Unless the power of attorney has been terminated in accordance with RCW 11.125.080, or the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:(1) To the conservator or guardian, if one has been appointed…
Wash. Rev. Code § 11.125.190
Acknowledged power of attorney—When may rely upon—Certification or translation request
(1) For purposes of this section and RCW 11.125.200, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon…
Wash. Rev. Code § 11.125.200
Acknowledged power of attorney—Acceptance—Refusal to accept
(1) Except as otherwise provided in subsection (2) of this section:(a) A person shall either accept an acknowledged power of attorney or request a certification or a translation no later than seven business days after presentation of the power of attorney for acceptance;(b) If a person requests a certification or a tra…
Wash. Rev. Code § 11.125.210
Principles of law and equity—Supplemental to chapter
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
Wash. Rev. Code § 11.125.220
Conflicting laws
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
Wash. Rev. Code § 11.125.230
Remedies—Not exclusive
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
Wash. Rev. Code § 11.125.240
Agent—Authority over principal's property
(1) An agent under a power of attorney may, subject to the requirements of RCW 11.125.140, and in particular RCW 11.125.140(2)(f), do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not othe…
Wash. Rev. Code § 11.125.250
Agent—General authority—When created—When can be modified
(1) Subject to the provisions of RCW 11.125.240, if a power of attorney grants to an agent authority to do all acts that a principal could do or contains words of similar effect, the agent has the general authority described in RCW 11.125.260 through 11.125.410.(2) An agent has authority described in chapter 209, Laws…
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