Legal Question in Elder Law in Washington

power of attorney

We need to have power of attorney for our aged parents. I believe what we need is a General Durable Power of Attourney. Must we file a form for each of them or can they file a joint one? Once filled out, signed and notarized, do we file this with the county court house? Can this all be done without an attorney?


Asked on 1/02/02, 11:43 pm

1 Answer from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: power of attorney

Yes, you need a separate power of attorney for each of your two parents. In fact you need two powers of attorney for each parent for a total of four. These are "durable power of attorney for health care", one for each parent, and "durable power of attorney for finances," one for each parent. You can get these forms all over the internet including my web site www.monamontgomery.com. The cost you have to contemplate is to the notary public who will charge $10.00 each or more. In California the notarized version is by far the more accepted although the law does provide that two witnesses will do the same thing. After you get these four powers of attorney typed out, signed and either notarized or witnessed, your next question was what do you do with them? Do you have to record them? No you do not have to record them. What you do with them is keep them and show them to people when appropriate. For example, you show the health powers to your parents' doctors so that they will discuss medical matters with you and help you decide what is best for your parents. You show the financial powers to bank to get money out, to sell property (if you must) or to do anything you want to do on behalf of your parents. Those documents must be shown to everyone you deal with on your parents' behalf. Be very careful here, though. Understand that the powers are only for you to exercise in the interests of your parents and not in your own selfish interest. Sometimes these interests coincide and you need to talk to an attorney before you, for example, start giving yourself and your siblings gifts from the estate. It might be the right thing and it might be the wrong thing. You need to think it through, research the subject or call an attorney.

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Answered on 1/03/02, 4:52 am


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