A durable power of attorney is a written instrument under which an individual appoints another person as attorney in fact or agent. By executing the durable power of attorney, the principal authorizes the agent to engage in the certain specified business or financial transactions on behalf of the principal with third parties. The durable power of attorney is a contract, which creates an agency–principal relationship.
Under Washington law, a durable power of attorney Continue in effect until revoked or terminated by principal, by court appointed guardian, or by court order. Disability or incapacity of principal has the same effect as if the principal were competent and not disabled. However, the principal must convey this intent through clear wording.
Furthermore, death of a principal of a durable power of attorney does not terminate the power of the agent until actual knowledge of principal’s death. This is applicable only when an agent acts in good faith. [i]
A durable power of attorney shall be recorded if it is created for execution and delivery of any instrument that requires recordation.[ii]
[i] WA ST 11.94.020
[ii] WA ST 11.94.020