Key Takeaways
- You must be 18 and mentally competent to create a Medical Power of Attorney in Washington State.
- The document is only valid if it is notarized or witnessed by two disinterested adults.
- Washington State’s Durable Power of Attorney for Health Care does not require filing, but should be accessible to your doctors and healthcare agent.
- RCW 11.125 sets the Washington State Power of Attorney requirements.
Medical emergencies can happen when least expected, leaving you incapacitated. You can use a Medical Power of Attorney to appoint an agent to make health care decisions if you become incapacitated.
Get Your Medical Power of Attorney
What is a Washington State Medical Power of Attorney?
A Medical Power of Attorney grants another adult the power to make medical decisions on your behalf when necessary.
Every Washington State resident has the right to make personal health care choices until a doctor determines that they are unable to do so due to incapacitation. You may become incapacitated if you’re:
- Unconscious
- In a coma
- Otherwise lose your mental capacity
If this happens, doctors turn to someone else to make medical decisions for you. That individual is known as a healthcare agent or proxy.
You assign a healthcare agent in Washington State by completing and signing a Medical Power of Attorney (MPOA), also known as a Durable Power of Attorney for Health Care (DPOAHC). Your document must meet Washington State legal requirements to be valid.
Medical Power of Attorney Washington State Legal Requirements
Like other States, Washington has laws governing how to draft, sign, and verify an MPOA.
The Revised Code of Washington Chapter 11.125 is the primary law governing Powers of Attorney in the State. It outlines the following requirements.
- You must be 18 years old to create a valid Medical Power of Attorney.
- You must be mentally sound when designating a healthcare proxy.
- The document must be written and signed (or appropriately marked if you are unable to sign). (RCW 11.125.050)
- Your signature must be validated by a notary public or witnessed by two people who are not related to you, are not employees of the healthcare facility or care home you are in, and, as far as they know, are not heirs of your estate.
- You must specify what authority you give your agent.
- The agent cannot be your attending physician or their employees.
- Anyone with an interest in your long-term care home or in the facility where you receive care cannot be your agent unless they are a spouse, sibling, parent, or adult child. (RCW 11.125.400)
- You should clearly state in the document that it is durable, meaning it comes into effect when you become incapacitated.
Note: In Washington State, you may need a separate Mental Health Care Directive to appoint a mental health care agent. (RCW 71:32)
While deciding on future medical care is weighty, creating an MPOA should be quick and easy. You can use our customizable Medical Power of Attorney template to create your document in just a few minutes.
Medical Power of Attorney Washington State Filing Requirements
You do not need to file a Medical Power of Attorney with the State. You do, however, need to make sure doctors and other concerned parties can access the document when required.
After signing the document, you should make copies and distribute them to your doctors and agents. The health care providers should keep the copies in your medical file. You may also carry a copy with you at all times in case of an emergency.
Start a Medical Power of Attorney Now
How To Guarantee Your Medical Power of Attorney is Honored
Doctors are required to honor all valid Powers of Attorney in Washington State. If you have followed all State laws when creating your document, you should have peace of mind knowing that your wishes will be respected.
However, there are steps you can take to increase the likelihood that your wishes will be honored.
- Appoint an agent who lives close to you or can easily be reached when necessary.
- Explain your wishes to your agent and inform them of their role in advance to confirm that they are willing to accept it.
- Select an agent who can remain calm in a medical emergency.
- Use the document to express your end-of-life decisions as a guide to your agent and doctors.
- Have the document notarized to enhance its validity, though it is not required.
- Appoint an alternative agent or two to act when the primary agent is unavailable or unwilling to represent you.
- Make sure the document is accessible.
With proper planning, you can face the future calmly knowing that if anything happens to you, someone you trust will be rooting for you.
In addition to a Medical Power of Attorney, you can use other legal documents, such as an Advance Directive and a DNR order, to outline future medical care options you want.
Key Takeaways
- You must be 18 and mentally competent to create a Medical Power of Attorney in Washington State.
- The document is only valid if it is notarized or witnessed by two disinterested adults.
- Washington State’s Durable Power of Attorney for Health Care does not require filing, but should be accessible to your doctors and healthcare agent.
- RCW 11.125 sets the Washington State Power of Attorney requirements.
Medical emergencies can happen when least expected, leaving you incapacitated. You can use a Medical Power of Attorney to appoint an agent to make health care decisions if you become incapacitated.
Get Your Medical Power of Attorney
What is a Washington State Medical Power of Attorney?
A Medical Power of Attorney grants another adult the power to make medical decisions on your behalf when necessary.
Every Washington State resident has the right to make personal health care choices until a doctor determines that they are unable to do so due to incapacitation. You may become incapacitated if you’re:
- Unconscious
- In a coma
- Otherwise lose your mental capacity
If this happens, doctors turn to someone else to make medical decisions for you. That individual is known as a healthcare agent or proxy.
You assign a healthcare agent in Washington State by completing and signing a Medical Power of Attorney (MPOA), also known as a Durable Power of Attorney for Health Care (DPOAHC). Your document must meet Washington State legal requirements to be valid.
Medical Power of Attorney Washington State Legal Requirements
Like other States, Washington has laws governing how to draft, sign, and verify an MPOA.
The Revised Code of Washington Chapter 11.125 is the primary law governing Powers of Attorney in the State. It outlines the following requirements.
- You must be 18 years old to create a valid Medical Power of Attorney.
- You must be mentally sound when designating a healthcare proxy.
- The document must be written and signed (or appropriately marked if you are unable to sign). (RCW 11.125.050)
- Your signature must be validated by a notary public or witnessed by two people who are not related to you, are not employees of the healthcare facility or care home you are in, and, as far as they know, are not heirs of your estate.
- You must specify what authority you give your agent.
- The agent cannot be your attending physician or their employees.
- Anyone with an interest in your long-term care home or in the facility where you receive care cannot be your agent unless they are a spouse, sibling, parent, or adult child. (RCW 11.125.400)
- You should clearly state in the document that it is durable, meaning it comes into effect when you become incapacitated.
Note: In Washington State, you may need a separate Mental Health Care Directive to appoint a mental health care agent. (RCW 71:32)
While deciding on future medical care is weighty, creating an MPOA should be quick and easy. You can use our customizable Medical Power of Attorney template to create your document in just a few minutes.
Medical Power of Attorney Washington State Filing Requirements
You do not need to file a Medical Power of Attorney with the State. You do, however, need to make sure doctors and other concerned parties can access the document when required.
After signing the document, you should make copies and distribute them to your doctors and agents. The health care providers should keep the copies in your medical file. You may also carry a copy with you at all times in case of an emergency.
Start a Medical Power of Attorney Now
How To Guarantee Your Medical Power of Attorney is Honored
Doctors are required to honor all valid Powers of Attorney in Washington State. If you have followed all State laws when creating your document, you should have peace of mind knowing that your wishes will be respected.
However, there are steps you can take to increase the likelihood that your wishes will be honored.
- Appoint an agent who lives close to you or can easily be reached when necessary.
- Explain your wishes to your agent and inform them of their role in advance to confirm that they are willing to accept it.
- Select an agent who can remain calm in a medical emergency.
- Use the document to express your end-of-life decisions as a guide to your agent and doctors.
- Have the document notarized to enhance its validity, though it is not required.
- Appoint an alternative agent or two to act when the primary agent is unavailable or unwilling to represent you.
- Make sure the document is accessible.
With proper planning, you can face the future calmly knowing that if anything happens to you, someone you trust will be rooting for you.
In addition to a Medical Power of Attorney, you can use other legal documents, such as an Advance Directive and a DNR order, to outline future medical care options you want.
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