For many Washington families, a power of attorney is seen as a simple document—something that allows an agent to pay bills or access accounts if the person who created it becomes incapacitated. But when a power of attorney needs to interact with trusts, estate planning structures, and assets held across different entities, most generic forms do not provide enough authority to carry out your wishes. Enlisting the help of a skilled Issaquah, WA trust lawyer can help to make sure that your wishes are carried out.
At Eastside Estate Planning, we draft Powers of Attorney specifically designed to work with Washington trusts, estate tax planning strategies, and real-world estate administration—not just the statutory minimums.
What Washington Law Allows — And What It Doesn’t
Under RCW 11.125.330, a power of attorney gives an agent certain authority over “estates, trusts, and other beneficial interests,” but this authority is limited to situations where you are a beneficiary, not where you are the creator or manager of a trust.
The statute allows an agent to:
- Accept or disclaim an inheritance or trust distribution
- Enforce your rights as a beneficiary in a trust or estate matter
- Request money or property owed to you through probate, escrow, or fiduciary accounts
- Transfer your assets into your own revocable trust (if clearly authorized)
- Initiate or participate in legal proceedings under Washington TEDRA (RCW 11.96A) to protect your interests
While these powers sound broad, they do not automatically cover common estate planning scenarios—especially when it comes to irrevocable trusts, joint trusts with a spouse, tax strategies, or coordinated gifting.
Why Expanded Trust Authority Matters In Real Life
Most of our clients in Washington do not have simple, one-document estates. They have:
- Revocable living trusts
- Joint trusts with a spouse
- Entities like LLCs holding real estate or rental property
- Out-of-state property where avoiding a second probate matters
- Existing trusts with retained powers as Grantor
A standard power of attorney will often fail to give your agent authority to:
- Move assets into or out of a joint revocable trust
- Transfer out-of-state real estate to a Washington trust to avoid multiple probates
- Exercise Grantor powers in an existing trust (such as swapping assets or replacing a trustee)
- Coordinate trust distributions and gifting authority when your Trustee and your agent are different people
Without these clearly stated powers, your loved ones may face delay, court intervention, or tax consequences—even if your overall estate plan is well-drafted.
At Eastside Estate Planning — We Draft With Trust Coordination In Mind
Our Washington-drafted Powers of Attorney include expanded authority language, allowing your agent to:
- Work With Revocable And Joint Trusts
Your agent can move assets into or out of a revocable or joint trust, helping avoid probate and align assets with your estate plan.
- Address Out-Of-State Property
We include express authority to transfer or realign property held in another state, which can prevent multiple probate filings and minimize Washington state estate tax exposure.
- Exercise Existing Grantor Powers
If your current trust allows an agent to act in your place, we include the legal authority needed to change trustees, direct administrative actions, or exchange trust assets—without triggering tax issues.
- Access Beneficiary Rights
We reference the Washington Uniform Trust Code (RCW 11.98) and authorize your agent to request reports, respond to trustee notices, consent or object to fiduciary actions, or initiate TEDRA proceedings if needed to protect your interests.
- Coordinate Trust Gifting When Necessary
If gifting is authorized as part of your power of attorney, we allow your agent to work with your Trustee or withdraw assets (when appropriate) to carry out planning goals—with clear oversight standards so your intent is preserved.
Why This Level of Detail Matters
Most Washington residents assume that once they create a trust, everything is “handled.” But if incapacity happens and your power of attorney does not match your trust strategy, your family could find themselves stuck waiting on a trustee, tied up with a bank refusing to act, or facing a judge for permission to make a simple transfer you thought was already covered.
A power of attorney should not just name an agent — it should empower them.
At Eastside Estate Planning, we don’t rely on generic forms. We design Washington-specific Powers of Attorney that integrate fully with your trusts, estate tax strategy, and legacy planning, so your plan actually works when life doesn’t go according to schedule. If your current power of attorney doesn’t clearly address trusts or estate administration, now is the time to update it. Our founding attorney, Robert Franco, holds an advanced law degree in taxation, allowing for in-depth tax planning. A native of Bellevue, he brings over a decade of experience in estate planning and corporate law. We help Washington families create documents that work in real life—without court intervention or paperwork battles. Reach out to us today or anytime you have estate planning needs.
