§4.7 - Durable Powers of Attorney

• Jurisdiction: Washington

§4.7 DURABLE POWERS OF ATTORNEY

RCW 11.94.010 provides for a "durable power of attorney." A "durable power of attorney" is a power of attorney that remains effective despite the disability or incompetence of the principal or later uncertainty as to whether the principal is alive. This is in contrast to a nondurable power, which automatically terminates on the death or disability of the principal (unless the good faith or military service exceptions discussed in §4.6(2) apply). A durable power of attorney may also provide that it becomes effective only on the disability or incompetence of the principal. The principal's death will revoke the power of attorney (either durable or nondurable), provided that the attorney in fact has knowledge of the death, unless the exceptions apply.

Practice Tip: Preprinted forms frequently lack the language needed to create a durable power of attorney. In many cases, the principal intends the power of

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