Washington: Power of Attorney Requirements

The short answer

Washington's Uniform Power of Attorney Act asks for the principal's signature
plus one of two alternative safeguards: "the signature must be either
acknowledged before a notary public or other individual authorized by law to
take acknowledgments, or attested by two or more competent witnesses" who
meet certain independence requirements (§ 11.125.050(1)). You choose one path,
not both.

The state's biggest departure from the model act: a Washington power of
attorney (POA) is not durable unless the document says so. Authority
"terminates upon the incapacity of the principal" unless the writing contains
words like "This power of attorney shall not be affected by disability of the
principal" (§ 11.125.040). Washington also has no fill-in statutory form for
principals, though a POA can still be written to spring into effect later.

Requirements one by one

Governing law

Washington adopted the Uniform Power of Attorney Act as Chapter 209, Laws of
2016, codified at RCW ch. 11.125 (§§ 11.125.010 to 11.125.903), effective
January 1, 2017. The chapter excludes a short list of arrangements from its
coverage: "a power to the extent it is coupled with an interest," proxies or
similar delegations of voting or entity-management rights, and powers created
on government-prescribed forms for a governmental purpose (§ 11.125.030(1)).

Who must sign

The principal, who must sign and date the document (§ 11.125.050(1)). If the
principal is physically unable to sign, a substitute signing method applies —
a mark made in accordance with RCW 11.12.030, or execution under RCW
64.08.100 if the principal cannot even make a mark (§ 11.125.050(2)).

Notarization

An option, not a mandatory step on its own. The statute gives the principal a
choice: the signature "must be either acknowledged before a notary public or
other individual authorized by law to take acknowledgments, or attested by
two or more competent witnesses" (§ 11.125.050(1)). Choosing notarization
means no witnesses are needed. A notarized signature also carries an
independent benefit: it "is presumed to be genuine" (§ 11.125.050(3)).

One narrow, already-effective exception: a "limited power of attorney signed
and dated for the sole purpose of transferring ownership of a vehicle to an
insurer after payment of damages does not require a notarized signature" (§
11.125.050(4), added by 2026 c 101, in force since June 11, 2026). It doesn't
change the notarization-or-witnesses choice for an ordinary financial POA.

Witnesses

Required only if you skip notarization: "two or more competent witnesses"
who are "neither home care providers for the principal nor care providers at
an adult family home or long-term care facility in which the principal
resides," and who are "unrelated to the principal or agent by blood,
marriage, or state registered domestic partnership" (§ 11.125.050(1)).
Witnesses sign "while in the presence of the principal and at the principal's
direction or request."

Statutory form

No. Washington's Act does not give principals a fill-in power of attorney
template. The chapter's only form is for a different purpose: an "optional
form" an agent can later sign to "certify facts concerning a power of
attorney" for a skeptical third party — proof the POA is still valid, not a
document the principal signs to create one (§ 11.125.430).

Durable by default?

No — this is Washington's clearest departure from the typical Uniform Power
of Attorney Act pattern. Authority "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" showing the principal's intent that it survive incapacity (§
11.125.040). Skip that language and the POA quietly stops working exactly
when it's usually needed most.

Springing POA allowed?

Yes. A POA "is effective when executed unless the principal provides in the
power of attorney that it becomes effective at a future date or upon the
occurrence of a future event or contingency" (§ 11.125.090(1)). The principal
may name someone to determine in writing that the trigger occurred (§
11.125.090(2)). Without a named (or willing) determiner, the statute supplies
its own: for incapacity, "a physician or licensed psychologist, unrelated to
the principal or agent by blood or marriage, who has personally examined the
principal"; for other statutory incapacity grounds, "a judge or an
appropriate governmental official" (§ 11.125.090(3)).

Real estate extras

None imposed by this chapter. RCW 11.125.270 addresses only what an agent can
do once given general real-property authority — buy, sell, mortgage, lease,
and similar acts (§ 11.125.270) — and does not add any extra execution or
recording step for real estate use beyond the standard signing formalities in
§ 11.125.050.

Out-of-state POAs

Recognized. A power of attorney "executed other than in this state is valid
in this state if, when the power of attorney was executed, the execution
complied with" either the law of the jurisdiction governing its meaning and
effect, or the federal military power of attorney statute (§
11.125.060(3)). Copies count too: "a photocopy or electronically transmitted
copy of an original power of attorney has the same effect as the original" (§
11.125.060(4)).

What trips people up

• Assuming it's durable by default. Most Uniform Power of Attorney Act
  states make durability the default; Washington does the opposite. Without
  the statute's disability language, the POA ends the moment you're
  incapacitated (§ 11.125.040).
• Getting both a notary and witnesses out of caution. The statute treats
  notarization and two-witness attestation as alternatives, not additive
  requirements — either one satisfies § 11.125.050(1).
• Picking a witness who's disqualified. A home care provider, a care
  provider at the principal's adult family home or long-term care facility,
  or anyone related to the principal or agent by blood, marriage, or state
  registered domestic partnership cannot serve as a witness (§
  11.125.050(1)).
• Looking for an official Washington POA form. There isn't one for
  principals; only the agent's after-the-fact certification form is codified
  (§ 11.125.430).

Common questions

Does Washington require both a notary and witnesses? No — pick one. The
signature must be either notarized or witnessed by two qualifying witnesses,
not both (§ 11.125.050(1)).

Is a Washington power of attorney durable automatically? No. It ends at
your incapacity unless the document expressly says it survives (or becomes
effective upon) your disability (§ 11.125.040).

Can it take effect only if I become incapacitated? Yes. Name someone to
certify that in writing; without one, an unrelated physician or licensed
psychologist who personally examined you, or a judge or government official
for other incapacity grounds, can make the certification instead (§
11.125.090).

Will my out-of-state power of attorney work in Washington? Yes, if its
execution complied with the law of the state that governs it, or with the
federal military power of attorney statute (§ 11.125.060(3)).

Statutes and sources

Quotations for §§ 11.125.040, .050(1), .060, .090, .270, and .430 are from
the Revised Code of Washington as published by the Washington State
Legislature at app.leg.wa.gov, accessed 2026-07-04. The quotation for §
11.125.050(4) is from the enrolled House Bill 2604 (2026 c 101), the
legislature's own certified session-law text, because that amendment (in
force since June 11, 2026) had not yet been folded into the rendered RCW page
at the time of access.

• § 11.125.040 — durability is not the default. Quoted above.
  View official text (app.leg.wa.gov)
• § 11.125.050 — signature, notarization-or-witnesses choice, witness
  qualifications, and the 2026 vehicle-transfer carve-out. Quoted above.
  View official text (app.leg.wa.gov) /
  lawfilesext.leg.wa.gov (2604.SL)
• § 11.125.060 — validity, out-of-state powers, and copies. Quoted above.
  View official text (app.leg.wa.gov)
• § 11.125.090 — when a power of attorney becomes effective; springing
  mechanisms. Quoted above.
  View official text (app.leg.wa.gov)
• § 11.125.270 — scope of an agent's default real-property authority.
  Quoted above.
  View official text (app.leg.wa.gov)
• § 11.125.430 — the optional agent's-certification form (the chapter's
  only form). Quoted above.
  View official text (app.leg.wa.gov)

No pending Washington legislation currently affects any of the requirements
described on this page.