Laws
- Durable – A power of attorney terminates upon the incapacity of the principal unless the writing contains the words “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 expressing the principals intent that the power of attorney is durable.[1]
- Incapacity – Means the inability of a person to manage their property or business affairs because the individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or is an absentee, as defined in chapter 11.80 RCW; or is outside the United States and unable to return.[2]
- Signing Requirements – The principal must have their signature notarized.[3]