Power of Attorney and Health Care Directives in Washington: A Plain-English Guide

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The months when family gathers around one table are a natural time for the conversations that usually get postponed. Who would pay Mom's bills if she were in the hospital? Does anyone know what kind of care Dad would want?

Two sets of documents answer those questions: a power of attorney and a health care directive. Here is what each one does and how to sign them correctly in Washington.

The documents at a glance

The person signing a power of attorney is called the principal, and the person they choose is the agent. “Durable” means the document stays in effect if the principal later loses capacity.

Who needs these documents?

Every adult benefits from having them, and a few groups feel the need sooner:

• Parents of young children
• Adults caring for aging parents
• Anyone heading into surgery or managing a serious diagnosis
• Young adults who just turned 18, since parents lose automatic access to their medical information
• Snowbirds and frequent travelers who want someone at home able to sign for them

These documents can only be signed while a person understands what they are signing. Waiting for a crisis often means the window has closed, and the family is left with a costly court guardianship process.

How to sign a power of attorney in Washington

Under RCW 11.125.050, a Washington power of attorney must be signed and dated by the principal. The signature then needs one of two things:

• Acknowledgment before a notary public, or
• Two competent witnesses

The witness option comes with limits. Witnesses must be unrelated to the principal and the agent by blood, marriage, or domestic partnership. Home care providers and staff at the principal's adult family home or long-term care facility are also excluded.

For many families, that rules out nearly everyone in the room. A notary solves the problem with a single visit. Banks and title companies also tend to accept a notarized power of attorney with fewer questions.

How to sign a health care directive in Washington

RCW 70.122.030 gives the same two choices for a health care directive: a notary acknowledgment or two witnesses.

The witness rules here are even stricter. A witness cannot be a relative, an heir, the attending physician, or an employee of the physician or the health facility where the signer is a patient. In a hospital or care facility, finding two qualified witnesses can be difficult, which is why so many people choose notarization.

Creating your documents

An estate planning attorney is the best choice for complicated situations, such as blended families, a family business, or significant assets.

For a simple situation, many people start with a quality template built for Washington:

• Create a durable power of attorney
• Create a health care directive

Unsure which documents apply to you? Myfree document finder walks you through the options.

What to expect at your notary appointment

1. Fill in your documents ahead of time, and leave the signature lines blank.
2. Have a current government-issued photo ID ready.
3. I confirm your identity and make sure you are signing willingly and with understanding.
4. You sign, I complete the notarial certificate, and your documents are ready to use.

Most appointments take 15 to 30 minutes.

Signing at home, in the hospital, or online

Before opening Grothen Notary, I worked as a paralegal and as an in-home caregiver. Bedside signings are familiar territory for me, and I take them at whatever pace the signer needs.

I travel to homes, hospitals, assisted living communities, and hospice settings throughout the Spokane area. For family members in other cities, avirtual notary appointment lets them sign from a phone or laptop.

After you sign

• Give copies to your agent and your alternate agent.
• Ask your doctor to add your health care documents to your medical record.
• Keep the originals somewhere your family can reach quickly. A safe deposit box can be hard to access in an emergency.
• Review everything after major life changes, such as a marriage, divorce, or move.

Traveling with kids soon? A notarized travel consent letter belongs on the same to-do list. Read more in myguide to child travel consent forms.

Frequently asked questions

Does a power of attorney need to be notarized in Washington? A Washington power of attorney must be signed and dated by the principal and then either acknowledged before a notary public or signed in front of two competent, qualified witnesses (RCW 11.125.050). Notarization is the stronger option because banks and title companies accept it more readily.

Does a health care directive need to be notarized in Washington? A Washington health care directive can be validated with either a notary acknowledgment or two qualified witnesses (RCW 70.122.030). The witness rules are strict, so many people choose notarization, especially in a hospital or care facility.

Who can serve as a witness instead of a notary? Witnesses must be unrelated to the principal and the agent by blood, marriage, or domestic partnership, and cannot be your home care providers or staff at your care facility. For a health care directive, your heirs and your attending physician are also excluded.

Can I sign these documents at home or in the hospital? Yes. Grothen Notary travels to homes, hospitals, assisted living communities, and hospice settings throughout the Spokane area, and offers remote online notarization for family members signing from another city.

Book a mobile notary in Spokane

Peace of mind is a kind gift to give your family, and it takes less time than most people expect.Book your appointment

Grothen Notary is not a law firm and cannot give legal advice, draft documents, or tell you which document fits your situation. For legal questions, please consult a licensed Washington attorney.