A power of attorney (POA) should do more than allow someone to pay bills and access accounts. In a real‑life incapacity situation, your agent may need to do much more — including making certain your housing is stable, your spouse or partner is supported, and your health and insurance needs continue without interruption. Having an experienced Issaquah, WA estate planning lawyer create and regularly update your POA helps to make sure your wishes are carried out the way you intended them to be.
Under Washington’s Uniform Power of Attorney Act (RCW 11.125), an agent is given certain powers related to personal maintenance and insurance, but those powers are broad and often too vague to be relied on in practice — especially when insurers, care providers, or financial institutions demand clear authority before acting.
At Eastside Estate Planning, we draft Powers of Attorney that clearly authorize your agent to manage real‑world needs, not just theoretical powers written into the statute.
What Washington Law Allows — The Statutory Baseline
Personal and Family Maintenance — RCW 11.125.350
By default, Washington law allows your agent to use your assets to maintain the customary living standard for:
- You (the Principal)
- Your spouse or registered domestic partner
- Your children or anyone you are legally obligated to support
- Anyone you have regularly supported or clearly intended to support
This includes covering housing, medical costs, transportation, financial obligations, and even charitable commitments — but the statute doesn’t clearly define how far this authority extends.
Insurance and Annuities — RCW 11.125.320
This provision gives an agent general authority to:
- Maintain or modify insurance policies
- Access cash value or loans on existing policies
- Change payment methods or apply for premium assistance
- Manage annuity contracts
- Handle tax issues tied to insurance policies
However — the law does not clearly direct how these powers should be used, or how they should interact with your medical care decisions or your family structure.
Why Thoughtful Drafting Matters
In real life, insurance companies, banks, and benefits providers often refuse to accept a general “insurance” clause. They want to see specific language authorizing actions like starting new coverage, managing long‑term care insurance, or handling claim disputes.
At Eastside Estate Planning, our documents go further by:
- Clearly Defining Insurance Authority
We specifically reference health insurance, long‑term care insurance, liability coverage, disability policies, and asset protection coverage, so your agent has unquestioned authority to act.
- Making Insurance Management a Protective Duty
Instead of simply allowing your agent to maintain coverage, we instruct them to actively prevent policy lapse, update coverage if your medical needs change, and act promptly if new insurance is necessary.
- Coordinating Financial and Health Agents
Washington law (RCW 11.125.140(2)(e)) requires financial and health care agents to “cooperate,” but it doesn’t define how. Our approach makes it clear:
- The Health Care Agent determines care needs
- The Financial Agent makes sure funds and insurance support those decisions
- The Financial Agent is protected from liability for following medical instructions made in good faith
- Expanding Family Support Beyond Legal Labels
Washington’s statutory language recognizes spouses, domestic partners, and dependents — but does not automatically include unmarried partners in committed relationships, even if they share a household. Our documents let you explicitly authorize support for your chosen partner or household member, avoiding delay or disputes if care decisions or living expenses need to be covered.
Why This Level Of Detail Protects Your Family
Incapacity planning is about more than asset control — it’s about making certain your loved ones are not left scrambling to pay insurance premiums, fight claim denials, or risk losing coverage at the exact moment it’s needed most.
A strong power of attorney should:
- Keep your insurance active
- Coordinate care and financial priorities
- Protect your spouse or partner from financial disruption
- Empower your agent to act without delays or push‑back from institutions
- Clearly identify who your plan is designed to support — legally or not
Real‑World POAs For Washington Families
Our firm drafts Washington‑specific Powers of Attorney designed to preserve family care, maintain benefits, and give your agent the authority they’ll actually need when life changes quickly. We don’t just check statutory boxes — we anticipate the practical realities your loved ones may face.
If your current power of attorney doesn’t clearly address insurance, care coordination, or support for your spouse or partner, now is the right time to update it and Robert Franco, founding attorney of Eastside Estate Planning is here to help. He brings to the table over a decade of estate planning experience. We offer comprehensive estate planning services including drafting wills, forming trusts, tax advice and probate services. Reach out to us today for all of your estate planning needs.
