Powers of Attorney Lawyer in Montesano & Grays Harbor County, WA

A power of attorney is a legal document in which a person gives broad power and duty to another person to act on their behalf in various affairs, including legal, healthcare, and financial matters. The principal may choose different agents for any of these purposes. Some key provisions of Washington's new Uniform Power of Attorney Act (UPAA) are as follows:

• In order to be treated as such, a POA must clearly state in the document that it is a "power of attorney."
• The POA shall terminate when the principal becomes incapacitated unless the documents contain that:
  
  • "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 incapacity.
• Unless stated otherwise, a POA shall be treated with immediate effectiveness.
• The principal may designate co-agents, and they must exercise their authority jointly.
• The agent has a duty to act in accordance with the reasonable expectations of the principal.
• Unless exclusively granted by the POA, an agent may not make healthcare decisions for the principal.

Generally, there are four types of powers of attorney, including:

In Washington, power of attorney is important due to the following reasons:

• It allows you to appoint a trusted person to have the authority to manage your legal and financial affairs on your behalf.
• When you have a power of attorney, the court doesn't have to appoint a conservator or guardian.
• All transactions and activities conducted by the power of attorney are kept private. Therefore, maintaining your privacy and that of your loved ones.
• Family members are able to discuss desires and wishes.
• Saves precious time and money when there is a need to perform urgent tasks and decisions.
• It helps prevent any potential questions about the principal's intent.
• It allows the designee to talk to other agencies to obtain information or provide services to the principal.
• It gives peace of mind to every party involved.

When choosing a power of attorney, it is important to consider the following factors:

• Your relationship with the person to whom you are giving the power
• Is the person trustworthy and reliable?
• Does the person know your intent or have your best interests at heart?
• Proximity
• Ability and desire to put your needs and wishes first
• Does putting a beneficiary of your estate in charge of managing your finances make sense?
• The person's problem-solving skills and ability to make informed decisions urgently
• The person's willingness to serve

Choosing a power of attorney is not about selecting the person closest to you. Rather, it is about choosing someone who can represent your wishes and best interests when you're unavailable. If you're trying to choose or understand the role of a power of attorney, consulting with a knowledgeable Washington estate planning attorney is important for proper guidance.

Attorney William E. Morgan has devoted his career to providing outstanding legal services and detailed guidance to clients in all legal matters of estate planning. As your legal counsel, he can evaluate your unique situation and help you understand your options. Using his extensive experience, he will guide you through the process and ensure that you choose the right person to represent your wishes and best interests.

In addition, he can assist with the drafting of wills, trusts, special needs planning, advance care directives, and other estate planning documents. Attorney William E. Morgan will work diligently to address your needs and concerns and guide you through every step involved in the estate planning process.