Detailed answer — what Washington law requires and why it matters

Washington uses the Uniform Power of Attorney Act framework for general financial powers of attorney. The core formal requirements are these: the principal must have sufficient capacity when signing; the principal must sign the document; the signature must be properly attested either by a notarial acknowledgment or by the required witnesses; the POA should include clear language about the scope of authority (and special statutory language when the POA is intended to be durable or to allow gifts); and, if the POA will be used to transfer or record real property, the document must meet the county recording office’s requirements (usually an acknowledgement/notarization).

Washington statutes governing powers of attorney are in chapter 11.125 of the Revised Code of Washington (the Uniform Power of Attorney Act). See the chapter here: RCW Chapter 11.125.

1) Capacity

At the time of signing, the principal must have the mental capacity to understand the nature and effect of the POA and the authority being granted. If capacity is later disputed, a court may review medical records or testimony to decide whether the POA was valid when signed.

2) Signature and formal attestation

Under Washington law, to be a valid power of attorney the document must be executed according to statutory formality. In practice that means one of the following:

• Have the principal acknowledge the signature before a notary public (a notarized acknowledgment), OR
• Have the principal sign in the presence of the required number and type of witnesses and have those witnesses sign the form.

The Uniform Power of Attorney Act provisions in RCW 11.125 describe execution requirements and permitted alternatives. For the exact statutory language and permitted forms, consult the statute: RCW 11.125.

3) Witness rules — avoid conflicts

If using witnesses rather than a notary, Washington law typically requires that witnesses be competent adults who are not the agent named in the POA and are not the agent’s spouse or close beneficiary. In other words, use disinterested witnesses so third parties (banks, title companies) accept the document without concern about conflicts.

4) Durable language and specific authority

If the principal wants the POA to remain effective if they later become incapacitated, the document must clearly state that intent (durability). A typical durable clause reads: “This power of attorney shall not be affected by my subsequent incapacity.” If the agent will make gifts, create or modify trusts, or perform other significant transactions, the POA should include express language granting those powers. Some financial institutions and county recorders require that certain powers be spelled out in the document.

5) Real property and recording

If the agent will use the POA to transfer or record real estate, the POA generally must be acknowledged (notarized) and may need language that expressly authorizes conveying real property. Counties often require an original notarized POA or a certified copy for recording. Check the county auditor’s recording rules where the property sits.

6) Prison-specific considerations

Prisons can make obtaining notarial acknowledgements or disinterested witnesses harder, but they do not change the substantive legal requirements. Practical steps for an incarcerated principal include:

• Ask prison staff about access to a notary public or official witnesses. Many facilities provide notarial services on request or allow outside notaries in limited circumstances.
• If a notary is unavailable, arrange for the required number of acceptable witnesses to be present (and ensure they are disinterested and eligible under the statute).
• Make sure the notary uses the official stamp/seal and completes the statutory acknowledgment exactly. If witnesses sign, have them provide printed names and contact information.
• Get the original signed document whenever possible and have it mailed promptly to the agent or stored where it can be accessed. Institutions and third parties often demand the original.

7) Who will accept the POA?

Banks, title companies, retirement plan administrators, and government benefit programs may have their own internal rules about what POA format they accept. Many accept any POA that meets RCW 11.125 execution rules. For real property transactions or government benefits, ask the institution in advance about any special wording, notarization, or witness requirements.

8) Revocation and record of execution

The principal can revoke a POA at any time while competent by notifying the agent and any institutions relying on the POA. Washington law also permits recording or submitting a copy of a revocation in appropriate records. Keep records of execution (date, notary or witnesses) to reduce later disputes.

Key statute for reference: RCW chapter 11.125 (Uniform Power of Attorney Act) — see https://app.leg.wa.gov/rcw/default.aspx?cite=11.125 for statutory execution rules, definitions, and authority rules under Washington law.

Helpful hints — checklist for an incarcerated person preparing a POA in Washington

• Confirm capacity: sign only while you understand the document and its effects. If needed, get a medical statement or evaluation.
• Prefer notarization when possible — it is the most widely accepted form of execution.
• If witnesses are used, choose disinterested adults who are not the agent or agent’s spouse/beneficiary; have them print their names and contact info on the document.
• Include explicit durable language if you want the agent to act after incapacity.
• Spell out any special powers (gifts, trust dealings, real property) rather than relying on vague language.
• Ask the county auditor or real estate professional how they want a POA presented for recording if real property is involved.
• Request a certified copy or the original signed POA be mailed promptly to your chosen agent and keep a copy for personal records if permissible.
• Check prison policy early: ask the records or legal services staff whether notaries or acceptable witnesses are available and what procedures to follow.
• If a third party refuses to accept the POA, get a written explanation and consider consulting an attorney to resolve the refusal or, if necessary, seek court confirmation of the POA’s validity.

Where to get more help

If you or a loved one are incarcerated and need a POA: contact the facility’s legal services or records office about notary/witness procedures; contact a local legal aid organization or an attorney who handles estate planning and guardianship matters; if a POA is later challenged, an attorney can help petition the court to determine the document’s validity.