Financial & Healthcare Powers of Attorney

Financial Power of Attorney — RCW 11.94

Powers of Attorney in Washington State are governed by the Revised Code of Washington, Chapter 11.94 (RCW 11.94) — Washington's Uniform Power of Attorney Act. A durable financial power of attorney remains effective even if you become incapacitated. Without this document, your family may need to petition a court for a conservatorship — a costly, public, and time-consuming process that can take months and cost thousands of dollars in legal fees. The financial POA can be drafted to authorize broad general powers (managing all financial affairs) or limited to specific transactions (such as selling a particular piece of real estate while you are traveling). Most estate planning clients choose broad authority with appropriate safeguards. Key powers typically included: • Banking — access accounts, make deposits and withdrawals, open and close accounts • Real estate — buy, sell, lease, and manage real property • Investments — manage brokerage accounts, buy and sell securities • Taxes — file returns, respond to IRS notices, claim refunds • Business operations — manage a business, sign contracts • Gifts — make gifts to family members (important for Medicaid planning)

Healthcare Power of Attorney

A healthcare power of attorney (also called a healthcare proxy) designates a trusted person to make medical decisions on your behalf if you are incapacitated. This document gives your agent clear, legally recognized authority to: • Communicate with doctors, nurses, and hospital staff • Consent to or refuse treatments, surgeries, and medications • Access your medical records • Advocate for your care preferences • Make decisions about placement in care facilities The healthcare POA works alongside — but is distinct from — your Living Will. The Living Will states your wishes in writing. The Healthcare POA names the person authorized to carry out those wishes and make decisions not covered by the Living Will. Many colleges and universities require students to submit healthcare powers of attorney so that parents can communicate with medical providers. An 18-year-old has the full legal right to create a healthcare POA — and doing so at age 18 is one of the most important steps a young adult can take.

Mental & Behavioral Health Advance Directive

A separate Mental/Behavioral Health Including Addiction Advance Directive contains your wishes regarding: • Release of sensitive health care information relating to suicidal depression, alcohol, drug, or gambling addiction • Whether you want to allow your Agent to admit you to inpatient treatment such as addiction rehab or psychiatric suicide prevention hospitalization This document is separate from the standard healthcare POA and Living Will because mental health information is subject to heightened privacy protections under both state and federal law. Having this document in place removes ambiguity and protects your agent from liability when making difficult decisions on your behalf.

When Powers of Attorney Are Most Critical

Powers of attorney are most urgently needed in three situations: 1. Sudden incapacity — a stroke, accident, or medical emergency that leaves you unable to communicate or make decisions. Without a POA in place, your family must go to court. 2. Planned surgery or medical procedure — even a routine procedure carries risk. Having documents in place before any surgery is prudent. 3. Travel or extended absence — if you will be out of the country or otherwise unavailable, a financial POA allows your agent to handle time-sensitive matters in your absence. For young adults turning 18, parents automatically lose the right to speak with colleges, doctors, and financial institutions on their child's behalf. A healthcare POA and financial POA restore that communication channel with the child's full consent.