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Washington Power of Attorney Lawyer

In certain situations, adults can no longer make important decisions for themselves. If you have a power of attorney, then the agent you appointed can make those decisions for you. These legal arrangements provide peace of mind for many people.

Our clients seek a power of attorney in a variety of situations, but one of the most common is planning for old age. It’s no secret that millions of Americans will eventually be diagnosed with Alzheimer’s or dementia. At some point, they will lack the capacity to make choices regarding finances, medical care, and living arrangements. If you have a valid power of attorney in place, then your hand-picked agent can make these choices. Without a power of attorney, your family could fight over being appointed a guardian for you.

Dementia is only one of the reasons for creating a power of attorney. There are others. Call Christina T. Sherman, PLLC, to schedule a consultation. We can review whether you need a power of attorney as part of your estate plan, and we can create the right one for your needs.

adoption estate planning

What is An Agent?

The agent is the person empowered by a valid power of attorney (POA) to act on behalf of the person who created it. Some people call this person the “representative.” In many cases, our clients name their spouse or child as their agent, but it’s up to you. One reason to call our office is so we can review possible individuals to serve.

You should choose someone who is trustworthy, reliable, and thoughtful. Washington law does not require that your agent be a Washington resident. Nonetheless, many people prefer someone nearby because they will make important decisions.

Washington law allows you to select more than one agent. For example, you could have two daughters, and you want them to work as co-agents. You will need to decide whether these co-agents must agree or if one can act independently. Let’s talk about these options. Co-agents might create more headaches than you want.

Medical Power of Attorney

An agent can make important choices for you when you can’t make those decisions yourself. For example, you could slip into a coma or develop dementia. At that point, you cannot speak for yourself.

  • An agent can decide on what medical care you receive and when you receive it.
  • Your agent can decide which doctor should treat you.
  • Your agent can access your medical records, even if they are protected by federal law.

So long as you have capacity, you will continue to have the power to make choices for yourself. We draft this medical POA so that it goes into effect when you lose capacity or otherwise need assistance making decisions. Don’t avoid making a POA because you fear a loss of control.

What happens if you develop Alzheimer’s without a POA? For one thing, your children could fight over what happens. You might also create burdensome challenges for children who want to access your medical records.

Financial Power of Attorney

We can also create a POA so an agent can handle financial transactions:

  • Cash checks and move money around.
  • Pay your bills.
  • Cash out investments like stocks and bonds.
  • Collect rents if you own rental property.
  • Sell assets, including real estate.

It’s up to you to decide which powers to give your agent. You might give them some or all of the above. You are not required to give them power to sell real estate, for example. That’s an option.

Talk with an experienced lawyer about who should serve as your agent and what powers you want to give them. This is often a sensitive issue.

When used as part of an estate plan, we include specific language about when the financial POA springs into effect. This language protects you. You are not giving up control of your finances by drafting and signing a POA—unless you want to. Most of our clients want a financial POA to go into effect when they can no longer make basic financial choices for themselves due to old age or infirmity.

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quote - Estate planning before and after adoption

What is a “Durable” Power of Attorney?

Under the law, a power of attorney expires when a person loses capacity. However, we can create a durable power of attorney that remains in effect even after you lose capacity. We will need to use specific language in the POA to this effect. That’s what makes the POA “durable.”

Power of Attorney and Estate Planning

We typically include both medical and financial POA documents as part of a comprehensive estate plan. They provide peace of mind should tragedy strike and you lose capacity.

Washington has specific laws which lay out what constitutes a valid power of attorney. This is one reason to avoid fill-in-the-blank forms you might find online. What’s valid in Arizona might not be valid in Washington.

Work with our law firm. We can:

  • Help you think through who will serve as your agent/representative, as well as alternates in case your initial choice cannot serve.
  • Discuss whether co-agents are desirable or not.
  • Revise a POA that was drafted in a different state or that named an ex-spouse as your agent.
  • Draft a POA that complies with Washington law and is valid.

There are few “do-overs” when it comes to POAs. Imagine you create a document which isn’t legally valid. By the time a judge finds that out, you lack capacity and it’s too late to decide who can serve as your agent. Work with an experienced lawyer at Christina T. Sherman, PLLC to avoid this nightmare situation.

Call Our Power of Attorney Lawyer in Washington Today

Durable POAs have helped many Washington residents approach old age with calm and perspective. You should do whatever you can now to make your golden years easier. Call us to discuss whether a financial or medical power of attorney fits your legal needs. We can help you consider all options and draft an airtight document, depending on your objectives. Call (253) 268-5068 or reach out online to schedule a consultation.

Christina Sherman

Your family is important to us. Contact us today.

We understand that the adoption process may seem overwhelming, and we are dedicated to getting answers to whatever questions you may have.

We serve clients throughout Tacoma, Pierce County, King County, Thurston County, Kitsap County, and the Western Washington area.

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