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Washington General (Financial) Power of Attorney

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Washington General (Financial) Power of Attorney

Updated August 09, 2023

A Washington General (Financial) Power of Attorney Form also allows you to appoint another to handle your general financial matters. It is important that you think carefully about who would be the best person to represent you. The difference between this form and the durable form is that the general form becomes void in the event you lose the capacity to make your own decisions. That means that if the agent continues to act under the POA after your incapacity, the actions will be void. If you want your agent to be able to continue to act, you should use the Durable POA instead.

 

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1 – Prepare This Document’s Introduction With Some Preliminary Information

The title of this document shall be the first item where information must be directly input. Use the blank line in the title to complete it with the Principal’s Full and Legal Name.

The paragraph directly below the title will call for several items of information to be provided where requested. This declaration will already have the structure required to utilize this information for the purpose at hand. We will use the first three blank lines to document the Full Name and Address of the Principal. The first line is reserved for the Principal’s Name while the next two blank spaces have been provided for the Residential Street Address and State of the Principal

The next three available areas will serve a similar function. The Attorney-in-Fact’s Full Name, Residential Street Address, and State should be furnished across these three blank spaces.

2 – Several Categories Of Authority Have Been Produced For Principal Approval

Article I “Powers” is where the Principal will formally define the decisions and actions he or she will give the Attorney-in-Fact the Principal Authority to conduct on the Principal’s behalf. To do so, the Principal will have to initial each classification of Power where the Attorney-in-Fact will be able to wield the Principal Authority. Note: Any list item in this section that is not initialed shall not be considered under the Attorney-in-Fact’s Principal Powers

The Principal’s Authority and “Power To Make Payments Or Collect Monies Owed” can be conferred to the Attorney-in-Fact if he or she initials the blank line attached to the number “1.” This type of Authority will enable the Attorney-in-Fact to use of Principal Power to perform actions such as “Make Any Payments” on Principal Accounts and “Collect And Request Any Sums That May Be Due” on behalf of the Principal.  The second paragraph’s terminology will define how the Attorney-in-Fact may use Principal Authority to “Acquire, Lease and Sell Personal Property.” If the Attorney-in-Fact should be able to represent the Principal by undertaking the actions defined here, then the Principal should initial the blank line corresponding to the second item.  The third type of Principal Power on this list, labeled “3. Power To Acquire, Lease, And Sell Real Property,” will give the Attorney-in-Fact the right to handle Real Property in the name of the Principal. This will involve a quite a few of Principal Actions – all of which are defined in this item. The Principal should initial this Power description if he or she wishes to delegate it to the Attorney-in-Fact.  The “Management Powers” the Principal exerts can be assumed and wielded by the Attorney-in-Fact if the Principal initials the empty line attached to the label “4. Management Powers.” This will include tangible and intangible property the Principal manages or can manage. The Principal can approve the Attorney-in-Fact’s use of Principal Power to represent his or her interests by performing Banking transactions with Financial Institutions by initialing the “Banking Powers” paragraph. If the Principal wishes the Attorney-in-Fact to perform Principal functions with “Motor Vehicles” then he or she must initial the blank space corresponding to the sixth paragraph. The seventh item in this list will deliver Principal “Tax Powers” to the Attorney-in-Fact through its wording. The Principal must initial this paragraph to give such representational Powers to the Attorney-in-Fact. If the Principal intends to appoint the Authority to control his or her “Safe Deposit Boxes” by using Principal Authority to perform Principal Actions such as gaining access to their contents through whatever means are necessary, inspecting them, and controlling their contents, then he or she must initial the eighth paragraph. The Principal’s “Gift Making Powers” can be conferred to the Attorney-in-Fact through the Principal Act of initialing the ninth statement. In the statement designated with the label “Lending And Borrowing,” the Principal will be approving the Attorney-in-Fact’s use of Principal Authority to handle loans (i.e. making and providing) using the Principal’s Name. The ability to represent the Principal when dealing with “Contracts” can be delivered to the Attorney-in-Fact if he or she initials the eleventh statement. The Attorney-in-Fact will be designated with “Health Care” Powers if the Principal initials the blank space associated with the twelfth statement. The Health Insurance Portability And Accountability Act will name certain representational Powers the Attorney-in-Fact can assume when wielding Principal Power. If the Principal wishes to name the Attorney-in-Fact with this type of Authority, he or she must initial the paragraph labeled “13. HIPAA.” In the fourteenth description of Principal Power, “14. Power To Hire And Pay For Services,” the Principal can deliver approval to the Attorney-in-Fact’s use of Principal Authority to make Principal Decisions such as who may provide services (i.e. Accounting) to the Principal as well as arranging for payment of those services. The Principal should initial this paragraph to approve and delegate this Power to the Attorney-in-Fact. The Principal can appoint the right to gain Reimbursement to the Attorney-in-Fact for his or her expenses in carrying out Principal Directives as if the Attorney-in-Fact were the Principal. If this Power should be delivered, then the Principal must initial “15. Reimbursement Of Attorney-in-Fact.”The sixteenth Power Description “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney” shall allow the Attorney-in-Fact the ability to wield Principal Power to enforce this paperwork (in the courts) and the Principal Directives it contains. The Principal must initial this paragraph if he or she wishes to include this type of Authority in the Attorney-in-Fact’s Principal Power.  The last statement on this list must be provided then initialed if it is to be included. If the Principal wishes to extend any of the above Powers or deliver additional Powers to the Attorney-in-Fact, then a description of such extensions or additions must be supplied on the blank lines in “17. Other – Power To Conduct The Following.”

3 – There Must Be An Exact Term Of Effect Applied To This Document

The Principal Powers delivered here will need to have a Date of Effect and a Date of Termination. That is, there must be a beginning and an end to the time period when the Attorney-in-Fact can wield Principal Authority. This report on the Effective Period should be produced by the Principal initialing two of the six statements in the “III. Effective Date And Termination.”

The initial first two statements will pose a choice to the Principal regarding the Start Date of the Principal Powers here. This Start Date can either be the Signature Date of this document or a specific Calendar Date. Thus, the Principal should either initial the first statement to attach the Start Date with this document’s Signature Date or he or she can enter a Start Date on the blank lines in the second statement and initialing the corresponding blank area. The next three statements shall define three possible Dates of Termination. The Principal will have to initial the one he or she feels is appropriate for the situation at hand. The first statement, “On The Following Date…,” shall accept the Principal determined Termination Date on the blank lines provided within it. The next two options shall set the Termination Date as whenever the Principal Revokes these Powers or if he or she receives a written Physician diagnosis of being “Unable To Make Decisions.” The Principal must initial one of these three statements.

4 – The Principal And Attorney-in-Fact Must Both Produce Witnessed And Notarized Signatures

The “IV. The Third-Party Reliance” section concludes the statutes in this delegation. At the end of it will be a statement with three blank lines. The Principal should enter the current Calendar Day, Month, and Year when he or she signs this paperwork using these three spaces  As soon as the Principal has entered the Signature Date, he or she must sign and print his or her Name in the labeled areas below it. The Attorney-in-Fact will have his or her own signature requirements as well. Make sure the first blank line in the “Acceptance Of Appointment” section displays the Attorney-in-Fact’s Name. He or she must also furnish his or her Signature and Printed Name to this document using the appropriately labeled lines below this statement. The “Witness” statement will require each Witness Signature and Address supplied by the individuals who have observed this signing. The last portion of this document will require the participation of the Notary Public. Once this document’s signing has been performed to his or her satisfaction, the Notary Public will produce the items necessary for a proper notarization.