Elevated Estate Planning, P.S. | November 19, 2025 | Estate Planning
When you create a power of attorney (POA) in Washington, you allow another person (known as your “agent” or “attorney-in-fact”) to act on your behalf in various kinds of legal matters, such as those based on finances and healthcare. Two of the most common types are durable and general powers of attorney.
While they may sound similar, there’s an important difference between them: a durable POA remains valid if you become incapacitated, while a general POA does not. Learning more about the difference between these two documents is essential for any Washington resident developing an estate plan.
What Is a General Power of Attorney?
A general power of attorney grants broad authority to your chosen agent.
This person can typically handle a wide range of financial or legal tasks, including:
- Managing bank accounts and investments
- Paying bills and handling real estate transactions
- Filing taxes and signing contracts
- Overseeing business operations and personal finances
Under Washington law, a general POA is only valid while you have mental capacity. The moment you become incapacitated, such as after a serious illness, it automatically terminates. This is because a general POA is intended for convenience during your lifetime, not for long-term incapacity planning.
General POAs can also be revoked at any time, as long as you are of sound mind. Many people use them for short-term situations, such as managing their financial affairs while traveling abroad.
What Is a Durable Power of Attorney?
A durable power of attorney functions much the same way as a general POA, but with one key distinction: it remains valid even if you lose mental capacity.
To be considered “durable,” Washington law requires specific wording in the document. This might be something like, for example, “This power of attorney shall not be affected by the principal’s incapacity.” Without this language, the POA will be treated as general and end automatically if you become incapacitated.
Most estate planning attorneys recommend creating a durable POA as part of a comprehensive plan. It allows your chosen agent to continue managing your finances, making medical decisions, and handling property without the need for a court-appointed guardian or conservator.
Durable POAs come in two main forms:
- Durable POA for finances: Allows your agent to handle money, property, and business interests
- Durable POA for healthcare: Authorizes your agent to make medical decisions on your behalf if you cannot communicate your wishes
These documents often work together to ensure seamless decision-making if you become incapacitated.
Key Differences Between General and Durable Powers of Attorney
While both documents allow someone to act on your behalf, the biggest difference is what happens if you become incapacitated. A general power of attorney ends immediately when you lose the ability to make your own decisions, while a durable power of attorney continues in effect.
There are a few other practical differences to keep in mind:
- A general POA is typically used for short-term or temporary situations.
- A durable POA is meant for long-term planning and is a critical part of most estate plans.
- A durable POA must contain explicit “durability” language to remain valid after incapacity.
In short, a general POA helps when you’re still capable, while a durable POA protects you when you’re not.
Consult a Spokane Estate Planning Attorney for Help with Power of Attorney
A power of attorney can be one of the most valuable tools in your estate plan, but it must be done correctly. Washington law is clear about the wording required for durability, and errors can make a document unenforceable when it matters most.
If you’re unsure which type of power of attorney fits your needs best, please contact Elevated Estate Planning, P.S. to schedule a free consultation. We have four convenient locations in Washington, including Spokane, Kennewick, and Yakima.
Elevated Estate Planning, P.S. Spokane
9507 N Division St # B, Spokane, WA 99218
(509) 328-2150
Elevated Estate Planning, P.S. Kennewick
6855 W Clearwater Ave A103, Kennewick, WA 99336
(509) 328-2150
Elevated Estate Planning, P.S. Yakima
1115 W Lincoln Ave Suite 109, Yakima, WA 98902
(509) 328-2150