Today, much of our financial and personal life exists online. From banking apps and cryptocurrency wallets to photo archives, email accounts, and subscription services, our digital footprints carry both financial and emotional value. Yet many Washington residents don’t realize that standard power of attorney forms do not clearly authorize an agent to access or manage digital assets. Enlisting the help of a reputable Issaquah, WA power of attorney lawyer can help to make certain everything is done correctly so that your wishes are carried out the way you intended them to be.
Under Washington’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA, RCW 11.120), digital assets include any electronic record with value or meaning, such as:
- Online banking and investment accounts
- Cryptocurrency and digital wallets
- Email and text-based communications
- Social media and website accounts
- Cloud storage with photos, videos, and personal files
- Domain names, digital royalties, loyalty rewards, and PayPal/Venmo accounts
Washington law distinguishes between digital assets and electronic communications. Under RCW 11.120.010(8), private communications like emails and direct messages are restricted by federal privacy laws. Without explicit consent written into your power of attorney, your agent can be blocked from accessing them — even when acting in your best interest.
Why A Standard Power Of Attorney Is Not Enough
Companies like Google, Facebook, Apple, Coinbase, banks, and cloud providers will not release access to online accounts just because someone presents a power of attorney. They are bound by federal laws, including:
- The Electronic Communications Privacy Act (ECPA) / Stored Communications Act — prohibits disclosure of electronic communications without clear user consent.
- The Computer Fraud and Abuse Act (CFAA) — restricts unauthorized account access, even by an agent trying to help.
Without very specific digital asset language, your agent could be denied account access or even risk violating federal law by attempting to log in.
Digital Asset Authority Done Properly
At Eastside Estate Planning, our Washington power of attorney documents include clear, enforceable digital asset provisions that:
- Authorize your agent to access, manage, and control all digital accounts
- Provide federal privacy law consent so institutions can legally release information
- Cover email access, cloud storage, photo archives, cryptocurrency, social accounts, and more
- Allow your agent to move, transfer, or retitle digital assets so they can be incorporated into your estate plan or trust
- Empower your agent to preserve sentimental digital content, including family photos and personal archives stored online
Protecting Your Digital Legacy
Many Washington families care deeply about photos, videos, writings, and personal history stored online — but without clear legal authorization, those files can be lost forever if access is blocked after incapacity or death.
Our planning makes sure your agent can:
- Download and secure family archives
- Close or memorialize social media accounts
- Transfer cryptocurrency wallets or digital property into your trust
- Coordinate with your trustee or executor so digital assets are not forgotten or lost
Why This Matters For Washington Families
Digital assets aren’t just financial — they are part of your legacy. Without a properly drafted Washington Power of Attorney that complies with RCW 11.120 and RCW 11.125, your loved ones may have to fight with online platforms or go through court just to access accounts and recover digital property.
At Eastside Estate Planning, we include comprehensive digital asset language in all power of attorney documents so your agent has the clear legal authority needed to protect what matters — both financially and personally. If your current power of attorney does not clearly address digital assets and online accounts, it may not work when it matters. We help Washington residents create Powers of Attorney that reflect modern life — not just paperwork. We offer comprehensive estate planning services, including drafting wills, forming trusts, providing tax advice and probate services, as well as flat-fee packages that offer transparent pricing while maintaining high-quality service. Reach out to us today.
