2014 Revised Code of Washington
Title 11 - PROBATE AND TRUST LAW
11.94 Power of attorney.
11.94.050 Attorney or agent granted principal's powers -- Powers to be specifically provided for -- Transfer of resources by principal's attorney or agent.

RCW 11.94.050 Attorney or agent granted principal's powers — Powers to be specifically provided for — Transfer of resources by principal's attorney or agent.

(1) Although a designated attorney-in-fact or agent has all powers of absolute ownership of the principal, or the document has language to indicate that the attorney-in-fact or agent has all the powers the principal would have if alive and competent, the attorney-in-fact or agent does not have the power to make, amend, alter, or revoke the principal's wills or codicils, and does not have the power, unless specifically provided otherwise in the document: To make, amend, alter, or revoke any of the principal's life insurance, annuity, or similar contract beneficiary designations, employee benefit plan beneficiary designations, trust agreements, registration of the principal's securities in beneficiary form, payable on death or transfer on death beneficiary designations, designation of persons as joint tenants with right of survivorship with the principal with respect to any of the principal's property, community property agreements, transfer on death deeds, or any other provisions for nonprobate transfer at death contained in nontestamentary instruments described in RCW 11.02.091; to make any gifts of property owned by the principal; to exercise the principal's rights to distribute property in trust or cause a trustee to distribute property in trust to the extent consistent with the terms of the trust agreement; to make transfers of property to any trust (whether or not created by the principal) unless the trust benefits the principal alone and does not have dispositive provisions which are different from those which would have governed the property had it not been transferred into the trust; or to disclaim property.

     (2) Nothing in subsection (1) of this section prohibits an attorney-in-fact or agent from making any transfer of resources not prohibited under chapter 74.09 RCW when the transfer is for the purpose of qualifying the principal for medical assistance or the limited casualty program for the medically needy.

[2014 c 58 § 23; 2011 c 327 § 4; 2001 c 203 § 12; 1989 c 87 § 1; 1985 c 30 § 29. Prior: 1984 c 149 § 30.]

Notes:

Contingent effective date -- 2014 c 58 § 23: "Section 23 of this act takes effect if the *Washington uniform power of attorney act is not enacted during the 2014 regular legislative session." [2014 c 58 § 29.]      *Reviser's note: This act was not enacted during the 2014 regular legislative session.      Uniformity of application and construction -- Relation to electronic signatures in global and national commerce act -- 2014 c 58: See RCW 64.80.903 and 64.80.904.      Application -- Effective date -- 2011 c 327: See notes following RCW 11.103.020.      Effective dates -- 1989 c 87: "(1) Sections 7 and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.      (2) Sections 1 through 5 of this act shall take effect October 1, 1989." [1989 c 87 § 9.]      Short title -- Application -- Purpose -- Severability -- 1985 c 30: See RCW 11.02.900 through 11.02.903.      Severability -- Effective dates -- 1984 c 149: See notes following RCW 11.02.005.