Elevated Estate Planning, P.S. | January 7, 2026 | Estate Planning
When planning for the future, it’s important to ensure that someone you trust is legally empowered to act on your behalf if you’re ever unable to do so. Designating an “attorney-in-fact” can help you accomplish this goal.
What is an Attorney-in-Fact?
An attorney-in-fact is a person authorized to act on behalf of another individual (known as “the principal”) through a legal document called a power of attorney (POA). An attorney-in-fact does not have to be a licensed attorney. Rather, the person serves as an agent to carry out specific duties outlined in the POA.
There are different types of powers of attorney that govern the scope and timing of the attorney-in-fact’s authority:
- A general power of attorney grants broad authority over the principal’s financial and legal matters.
- A limited (special) power of attorney grants authority to perform specific tasks or manage certain assets.
- A durable power of attorney remains in effect even if the principal becomes mentally incapacitated.
- A springing power of attorney becomes effective upon a specified event, such as the principal’s incapacity.
To designate an attorney-in-fact, the principal must execute a power of attorney in accordance with Washington state law. This typically involves signing the document in front of a notary or witnesses. Additionally, the POA must clearly state the extent of the attorney-in-fact’s powers and any limitations.
Who May Serve as Attorney-in-Fact?
Choosing a person to serve as your attorney-in-fact is a personal decision. The individual should be trustworthy, responsible, and capable of making complex decisions in your best interest.
Generally, the following individuals may serve as your attorney-in-fact:
- A spouse or domestic partner
- An adult child
- A trusted friend
- A sibling
- A parent (in some cases)
- A professional fiduciary (e.g., a lawyer or financial advisor)
- A private fiduciary company or trust company
It’s important to consider the nature of the decisions the attorney-in-fact will be making. For example, if managing complex financial assets, someone with a strong background in finance may be appropriate. For health care decisions, someone who understands your medical preferences may be better suited to the role.
What Tasks Does an Attorney-in-Fact Handle?
The responsibilities of an attorney-in-fact depend entirely on the authority granted in the power of attorney.
Common tasks include:
- Managing financial accounts, including banking and investment decisions
- Handling real estate transactions
- Paying bills and managing debts on behalf of the principal
- Filing tax returns and managing government benefits
- Making healthcare decisions, if authorized under a medical power of attorney
- Managing business affairs, including signing contracts or making operational decisions
An attorney-in-fact has a fiduciary duty to act in the principal’s best interests, avoid conflicts of interest, and keep accurate records of all transactions. Misuse of this authority can lead to legal consequences, including civil liability for the principal’s damages and even criminal liability.
How Can an Experienced Estate Planning Lawyer Help in Designating an Attorney-in-Fact?
Designating an attorney-in-fact is an important part of a comprehensive estate plan. However, mistakes in drafting or executing a power of attorney can lead to issues down the line. That’s why working with a qualified estate planning attorney is so important.
An experienced lawyer can help you:
- Draft a clear, enforceable power of attorney tailored to your needs
- Ensure compliance with state-specific requirements
- Discuss the pros and cons of various types of powers of attorney
- Help you select a capable and trustworthy attorney-in-fact
- Review and update your documents as your circumstances change
Don’t wait until an emergency arises. Proactively planning now can protect your future and ensure that your wishes are honored.
Contact Our Spokane Estate Planning Lawyers at Elevated Estate Planning, P.S. for Legal Help
You may not know where to start when it comes to designating an “attorney-in-fact” in Washington, but we’re ready to help.
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