 What is a will? A will is a legal document in which you describe how what happens to your property after your death. Who can make a will? Any person may make a will as long as that person is at least 18 years of age and is of sound mind. Can I name a personal representative in my will? Yes. The will should also name a personal representative. This person will be responsible for carrying out the instructions in your will after you die. What makes a will valid in Washington state? To be valid in Washington, a will must be in writing, signed by you, and then witnessed and signed by two or more competent witnesses in your presence. Does Washington state law require wills to be notarized?No. However, your will should include a self-proving affidavit. Who is a competent witness? Your two witnesses need to be over 18 years of age. They should not be individuals named in your will. RCW 11.12.160(2) states that "the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the witness procured the gift by duress, menace, fraud, or undue influence." Can I later revoke my will? Yes, you can revoke your will. Can I change my will once I have made it?Yes, you can change your will using a codicil.
 What is a Durable Power of Attorney for FinancesA Durable Power of Attorney for Finances is a document that lets you choose the person you want to make financial decisions when you are unable to make those decisions yourself. That person is called your Agent. I do not have a Durable Power of Attorney for Finances. What happens if I don't make one?This can get complicated really fast because of how property is categorized in Washington state. Generally, for property that you and your spouse own, your spouse may be able to make decisions regarding that property. For property that only you own it is likely that a conservator will need to be appointed. Who should I appoint to be my Agent?A Financial Agent can be a friend or relative you trust to make important decisions. This individual needs to be over 18 years of age. To select an appropriate Financial Agent, review the person's strengths and weaknesses when handling money and assets. You can also appoint a professional fiduciary as an Agent. What kinds of decisions can my Agent make?Your Financial Agent makes decisions regarding your finances and property. Can I change my mind about having a Durable Power of Attorney for Finances?You can revoke your Durable Power of Attorney for Finances document at any time. However, revocation is subject to specific notice requirements.
 What is a Durable Power of Attorney for Health Care?A Durable Power of Attorney for Health Care is a document that lets you choose who you want to help you with decisions about your health care in case you are not able to make those decisions yourself. The person you name is called your Agent. I do not have a Durable Power of Attorney for Health Care. What happens if I don't create one?Let's say you haven't designated a Health Care Agent and decide that you don't want to designate one. In that case, Washington State law (RCW 7.70.065) authorizes the order of priority for who can make those decisions. The order of priority may not be in accordance with your wishes. Who should I appoint to be my Agent?A Health Care Agent can be a friend or relative you trust to make serious decisions. This individual needs to be over 18 years of age. To select an appropriate Health Care Agent, think about how available this person is and how well suited this person is to this role. What kinds of decisions can my Agent make?Your Health Care Agent makes decisions regarding your health care. Can I change my mind about having a Durable Power of Attorney for Health Care? You can revoke your Durable Power of Attorney for Health Care document at any time, but this is subject to specific notice requirements.
 What is a Health Care Directive?A Health Care Directive states your preferences regarding life-sustaining medical treatment if you have a terminal illness or are in a permanent unconscious condition. Essentially, a Health Care Directive guides your loved ones as they make decisions surrounding your medical treatment if you are unable to express your preferences. Health Care Directives might also be referred to as living wills or advanced care directives. Can I use a Health Care Directive to name someone to make health decisions for me?No. A Health Care Directive is not used to name your health care agent. What can I include in my Health Care Directive?Health Care Directives can be highly personal documents. For example, a Health Care Directive not only lets you write down health care preferences and values, but it can be the place where you note down your religious, ethical, and personal wishes and preferences. Do I need one?Ideally, all adults should have a Health Care Directive. Without one, it will be difficult for your loved ones to know what your preferences about end-of-life care are. This document will help guide them through a tough time and navigate difficult choices. Can I revoke a Health Care Directive?Yes. Typically, a Health Care Directive may be revoked at any time by the declarer through various methods. Where should I store my Health Care Directive?You should keep your Health Care Directive in a secure, but accessible place. Keep in mind that if you store a Health Care Directive in a safe deposit box or similar location this might prevent others from accessing the Health Care Directive in case of an emergency.
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Ruth A. HarperI'm a Pacific Northwest attorney, and my focus is on estate planning and elder law. My interest in these fields grew out of my experience with aging relatives and family members with special needs. Categories
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March 2023
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