united-states washington power-of-attorney
Power of attorney: Does it require notarization?
<p>Not sure whether my status affects the question I have or not... I am a Russian citizen living in the US as a non-resident alien.</p>

<p>I want to let my fiancée represent my interests and will absolutely everywhere when it's needed. I also want her to be able to manage pretty much any single aspect of our financial life if situation forces her. Again, no limitations here &ndash; I trust her 100%. So, for example, I want her to be able to access my banking accounts, acquire and sell property of any kind, etc.</p>

<p>What kind of Power of Attorney will grant her these legal permissions? In Russia we'd call such document a "General Power of Attorney". To get it, you'd need to officially notarize it. How does it work in the US?</p>

<p>(Note: I live in Washington state.)</p>

<p>As it happens, the law was just changed, effective 1/1/2017, and <a href="http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5635-S.SL.pdf" rel="nofollow">here are the changes</a>. One part, section 105(1), states </p>

<blockquote>
  <p>A power of attorney must be signed and  dated  by  the  principal, 
  and  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 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,  by  subscribing  their  names  to  the  power  of attorney, while  in  the  presence  of  the  principal  and  at  the 
  principal's direction or request.</p>
</blockquote>

<p>then 105(3) states</p>

<blockquote>
  <p>A signature on a power of attorney is presumed to be genuine if the
  principal acknowledges the signature before a notary public or other
  individual authorized by law to take acknowledgments.</p>
</blockquote>

<p>That leaves open the possibility that there could be a dispute over the legitimacy of your signature if you use two witnesses. A related reason to prefer a notarized version is that it is "acknowledged" under Sec. 119 (1):</p>

<blockquote>
  <p>For purposes of this section and section 120 of this act,
  "acknowledged" means purportedly verified before a notary public or
  other individual authorized to take acknowledgments.</p>
</blockquote>

<p>The reason why an "acknowledged" POA is a good thing is that there is also (new) law that gives such a POA special (good) status. Sect 119 continues:</p>

<blockquote>
  <p>(2)A person that in good faith accepts an acknowledged power of
  attorney without actual knowledge that the signature is not genuine
  may rely upon the presumption under section 105 of this act that the
  signature is genuine.</p>
  
  <p>(3) A person that in good faith accepts an acknowledged power of
  attorney without actual knowledge that the power of attorney is void,
  invalid, or terminated, that the purported agent's authority is void,
  invalid, or terminated, or that the agent is exceeding or improperly
  exercising the agent's authority may rely upon the power of attorney
  as if the power of attorney were genuine, valid and still in effect,
  the agent's authority were genuine, valid and still in effect, and the
  agent had not exceeded and had properly exercised the authority.</p>
</blockquote>

<p>A prudent person would not hand over your stuff to a stranger or someone claiming to have power of attorney, unless they were sure that the person with a POA form actually had a legitimate POA form. They would be liable for damages if they gave away your stuff to an unauthorized person. An acknowledged POA is better than a POA with two neighbors as witnesses, because the acknowledged POA further establishes that the signature is valid.</p>

<p>Section 120 also requires acceptance of an acknowledged POA within 7 days (whereas with neighbor signatures, further investigation may be called for, meaning delays).</p>

<p>The existing statute is <a href="http://apps.leg.wa.gov/rcw/default.aspx?cite=11.94&amp;full=true" rel="nofollow">here</a>, which is the law at the moment. There is no mention of a notary requirement, and no witness signature requirement (that changes). Section 40(1) says that "Any person acting without negligence and in good faith in reasonable reliance on a power of attorney shall not incur any liability" – now, is it negligence to accept a signature (of a principle) without investigating its validity? I really don't know. If you follow the new rules and get it notarized, that is covered. RCW 11.94.010 addresses the "what type" question, that is, whether the POA remains valid if you are incapacitated, or becomes effective once you are incapacitated. The point is that you have to say what they can do, and when they can. There is in fact <a href="http://powerofattorney.com/washington/" rel="nofollow">a site with templates</a> that gives you some idea what the kinds of POAs there are. I'm not vouching for the correctness of their templates.</p>
