Detailed Answer
When an elderly heir cannot manage personal or financial affairs, Washington law offers several tools to appoint a trusted individual. Each option varies in scope, formality, and court involvement. You should choose the least restrictive option that meets your needs.
1. Durable Power of Attorney (Financial)
A Durable Power of Attorney (DPOA) lets a principal grant broad authority to an agent for financial decisions. Under RCW 11.125, the document must be signed by the principal and notarized or witnessed. It remains valid if the principal becomes incapacitated.
2. Advance Directive for Health Care
An Advance Directive (also called a Health Care Power of Attorney) lets your heir designate a health care agent and specify treatment preferences. Washington’s form and requirements appear in RCW 11.125.060. Signatures of two adult witnesses or a notary are required.
3. Guardianship and Conservatorship
If an heir lacks decision‐making capacity, you may petition the superior court under RCW 11.130.020. Washington distinguishes:
- Guardian of the Person – Authority over personal decisions, such as living arrangements and medical care.
- Conservator of the Estate – Control over assets and financial transactions.
The court holds a hearing, appoints a visitor to assess capacity, and issues letters of guardianship or conservatorship. You must demonstrate incapacity and that the appointment serves the heir’s best interests.
4. Limited Guardianship
Washington law encourages limited guardianships—granting only the powers necessary. Under RCW 11.130.014, you can request specific decision-making powers (e.g., housing but not health care) to preserve remaining autonomy.
Helpful Hints
- Assess current decision-making capacity before choosing an option.
- Start with the least restrictive tool (e.g., power of attorney).
- Confirm all signatures and notarizations comply with RCW requirements.
- Notify banks, medical providers, and agencies of valid documents.
- Review and update documents after major life changes.