Washington · RCW 11.125Washington power of attorney at closing: signing, the agent's certification and acceptance

Under Washington's Uniform Power of Attorney Act, a power of attorney must be signed and dated by the principal, and the signature must either be acknowledged before a notary public or other authorized person, or attested by two or more competent witnesses who sign in the principal's presence at the principal's direction – witnesses who aren't the principal's home care or facility care providers and aren't related to the principal or the agent by blood, marriage or registered domestic partnership (RCW 11.125.050(1)). A photocopy or electronically transmitted copy has the same effect as the original unless another statute provides otherwise (RCW 11.125.050(4)). A person that in good faith accepts an acknowledged power of attorney without actual knowledge of a problem may rely on it, and may request an English translation and an agent's certification under penalty of perjury that states, among other things, that the agent is the person named, the principal is alive to the agent's knowledge, the events that make the power effective have occurred, the agent knows of no revocation or limitation, and – if the agent was married to or the registered partner of the principal – that relationship hasn't been dissolved (RCW 11.125.190(4)–(5)). The person must accept the power, or request the certification or translation, within seven business days after presentation, and accept within five business days after receiving it, without requiring a different form – unless an exception applies, such as a good-faith belief that the power isn't valid or the agent lacks authority (RCW 11.125.200(1)–(2)). A wrongful refusal can bring a court order to accept and liability for reasonable attorneys' fees and costs (RCW 11.125.200(3)).