A well-drafted (POA) is one of the most important estate planning documents you can have. It gives someone you trust (your “Agent”) authority to manage your finances, business, and personal affairs if you become incapacitated. If you would like to learn more about creating a POA or have other estate planning needs, our Issaquah, WA power of attorney lawyer is here to help.
Something to note, not all Powers of Attorney are created equal. Washington’s Uniform Power of Attorney Act (RCW 11.125) sets a basic framework, but it leaves many critical areas—like business ownership, digital assets, or education accounts—either vague or unaddressed.
At Eastside Estate Planning, we draft Washington-specific Powers of Attorney designed to actually work when you need them.
Why Powers For “Special Situations” Matter
Here in Washington, we see too many clients come in with generic forms that financial institutions, trustees, or plan administrators reject because they’re too vague. Without precise language, your Agent may have to go to court to get authority to act.
That’s why our firm includes detailed provisions for special situations—so your plan functions smoothly without unnecessary court involvement.
Closely-Held Business Interests
If you own or manage a closely held business, you need more than the baseline powers in RCW 11.125.310. We expand upon those statutory powers by incorporating provisions similar to those under RCW 11.98.070(21) (the Trustee statute), giving your Agent the clarity and flexibility to manage your company effectively.
We also include a Management Authority clause allowing your Agent to temporarily step into your fiduciary or officer role—if permitted by governing documents—and to resign if needed. This keeps the business running while respecting company governance and protecting your Agent from liability.
Addressing Conflicts In Family Businesses
It’s common for your Agent to also be involved in your family business. That overlap can create technical “conflicts of interest.” Our documents address this directly by authorizing your Agent to continue in both roles, receive reasonable compensation, and act in good faith even when a decision benefits them personally.
This small provision can prevent major disruptions when family businesses need continuity the most.
Preserving Your Estate Plan
Washington law (RCW 11.125.240) limits certain “hot powers” your Agent can exercise without explicit authorization—like making gifts, changing beneficiary designations, or amending trusts.
We carefully craft these powers to make certain your Agent can act only to preserve your existing estate plan—not to alter it. This flexibility protects your long-term intentions without leaving gaps that could harm your loved ones.
529 College Savings Plans
Many Washington families save for education through 529 Plans. These accounts are typically owned by a parent or grandparent, not the child. If the account owner becomes incapacitated, the funds could be locked or even pulled into probate.
We include specific authority for your Agent to manage, transfer, and update 529 Plans to make certain your child’s education funds remain accessible and protected.
Donor-Advised Funds And Charitable Gifts
Charitable giving accounts, or Donor-Advised Funds (DAFs), fall into a legal gray area. While the donor holds advisory privileges, the funds technically belong to the sponsoring organization. Our Powers of Attorney reference IRC §4966(d) and give your Agent express authority to act as donor or appoint a successor advisor, preserving your charitable legacy.
Foreign Accounts
If you hold investments or accounts outside the U.S., your Agent could unknowingly trigger complicated federal reporting obligations under the Foreign Bank Account Report (FBAR) rules. We protect your Agent by limiting this authority unless they specifically accept it in writing. This safeguards everyone from costly reporting penalties while maintaining flexibility for legitimate management needs.
A Smarter, Customized Approach To Planning
At Eastside Estate Planning, we don’t rely on one-size-fits-all documents. We create Washington-specific Powers of Attorney that work in real life—covering special assets, family businesses, education funds, and digital property.
Our goal is simple: to give your loved ones clarity and authority when it matters most, without unnecessary court delays or institutional pushback.
Our founding attorney, Robert Franco, is a Bellevue native with over a decade of experience in estate planning law. If you’re searching for an estate planning attorney in Washington who can help you design a that actually works, contact Eastside Estate Planning today.
