Powers of Attorney
A power of attorney is how you decide, while you still can, who manages your money and your medical care if you can't. Without one, your family is left petitioning a court for guardianship. We draft durable and health care powers of attorney that give the right person the right authority, and that banks and hospitals will actually honor.
Talk to an attorneyFounded
1965
Attorneys
11
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Founded
1965
Attorneys
3
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Power of attorney lawyers for Bellevue and Seattle families
Oseran Hahn drafts durable financial and health care powers of attorney for Pacific Northwest families planning for the possibility that someone can't manage their own affairs. We name the agent you trust, define exactly how much authority they have, and execute the documents to Washington's standards so a bank or hospital can't wave them away. A power of attorney is one of the most useful and most abused documents in estate planning, so we draft it to give your agent the authority they need and the limits that protect you.
A power of attorney is a grant of authority, and the whole job is getting the scope and the safeguards right. We draft the durable financial power of attorney that lets your agent manage your money if you can't. We decide which special powers, like gifting, to grant and which to withhold. We choose between immediate and springing authority. We prepare the health care power of attorney for medical decisions. And we make sure the document is executed and worded so the institutions that have to rely on it actually do.
The durable financial power of attorney
The core document is a durable power of attorney for finances, the instrument that lets someone you name manage your money and property if you become unable to. Under Washington's Uniform Power of Attorney Act (RCW 11.125), a power of attorney is durable, meaning it survives your incapacity, and we draft it to be exactly that, because a power that lapses when you need it most is worthless. We execute it to the act's standards, signed and acknowledged before a notary (RCW 11.125.050), so it holds up, and we choose between the statutory form and a custom document depending on how much your agent needs to do. The point is a document that keeps your financial life running, with the person you chose at the controls, instead of a court.
How much authority to grant, and the powers you have to spell out
A power of attorney is only as broad, or as narrow, as you make it, and some authority isn't granted unless you say so explicitly. Washington requires specific, express language before an agent can do the things most prone to abuse: making gifts of your property, changing beneficiary designations, creating or amending a trust, or creating rights of survivorship (RCW 11.125.240). We talk through which of those powers your agent should have, grant the ones that serve your plan, withhold the ones that don't, and add the guardrails, like co-agents, reporting, or limits on self-dealing, that reduce the risk of misuse. The goal is enough authority to be useful and not a blank check.
Immediate or springing authority
A power of attorney can take effect the moment you sign it or spring into effect only when you become incapacitated, and the choice has real consequences. A springing power feels safer because your agent can't act until you can't, but it requires proving incapacity before anyone will honor it, which causes exactly the delay you were trying to avoid. An immediate power is simpler and works the instant it's needed, but it requires real trust in your agent. We walk you through the tradeoff, and where you want a springing power (RCW 11.125.080), we define the trigger and the proof of incapacity precisely so your agent isn't stuck arguing with a bank about whether the power is live.
Health care powers of attorney
Financial authority and medical authority are separate, and a complete plan covers both. We prepare the durable power of attorney for health care that names who makes your medical decisions if you can't speak for yourself, and we coordinate it with your health care directive, or living will, under Washington's Natural Death Act (RCW 70.122), and the HIPAA authorization your agent needs to see your records. Without these, Washington's default surrogate hierarchy (RCW 7.70.065) decides who speaks for you, and the person at the top of that list may not be the one you'd choose. We make sure the medical agent you actually want is the one with authority.
Getting it honored, and when a power of attorney isn't enough
A power of attorney only helps if the bank, brokerage, or hospital accepts it, and refusals are common. Washington law requires third parties to accept a valid power of attorney and exposes one that wrongly refuses to a court order compelling acceptance, plus fees (RCW 11.125.420 and 11.125.430), and we draft and, where needed, enforce the document with that in mind. We also keep it current, because an old power draws more skepticism, and we're candid about the limits: a power of attorney ends at death, when the will or trust takes over, and if someone is already incapacitated without one, the only path left is a court-supervised guardianship (RCW 11.130), which is exactly what the power was meant to avoid.
Sixty years of Pacific Northwest estate work, including the guardianships that happen when there's no power of attorney, means we know exactly how these documents get used and why institutions reject the weak ones.
Scope is the whole game.
Too little authority and your agent can't help; too much and you've handed over a blank check. We calibrate the powers to your situation and add the safeguards, so the document is useful without being dangerous.
We draft for the institution, not just the file.
A power of attorney that a bank won't honor is no power at all. We execute and word the document to Washington's standards, and when an institution balks anyway, we know the statute that makes them accept it.
We've seen the alternative.
We handle the guardianships that happen when someone loses capacity without a power of attorney in place. That's a slow, public, expensive process, and it's the thing a well-drafted power is designed to prevent.
The attorneys behindthe work.
Our business and corporate attorneys handle this work alongside our litigation team, so you have coverage whether your matter stays transactional or becomes something more.
What clientsask us first.
What's the difference between a durable and a non-durable power of attorney?
A durable power of attorney stays in effect if you become incapacitated, which is the entire reason most people sign one. A non-durable power ends the moment you lose capacity, exactly when you'd need it most. Under Washington's Uniform Power of Attorney Act, we draft your power to be durable so it does its job, and we're careful with the language, because the durability has to be clear.
What's a springing power of attorney, and should I use one?
A springing power takes effect only when you become incapacitated, rather than the moment you sign it. It sounds safer, but it has a real cost: someone has to prove you're incapacitated before a bank will honor it, which causes delay. An immediate power works instantly but requires trusting your agent now. We help you weigh the two, and if you choose springing, we define the trigger precisely so it isn't a fight later.
My bank won't accept my parent's power of attorney. What can I do?
This is common and usually fixable. Washington law requires a third party to accept a valid power of attorney and lets a court order it to do so, with attorney fees, if it unreasonably refuses (RCW 11.125.430). Often the issue is an old document, a missing certification, or the bank's own form. We diagnose why it's being rejected and, if the refusal isn't justified, push the statute that compels acceptance.
Can my agent give away my money or change my beneficiaries?
Only if you specifically grant that power. Washington requires express language before an agent can make gifts, change beneficiary designations, create or amend a trust, or set up survivorship rights, because those are the powers most open to abuse. We grant the ones that fit your plan and withhold the rest, so your agent can manage your affairs without being able to rewrite your estate.
Do I need a separate power of attorney for medical decisions?
Yes. Financial authority and health care authority are different documents. The durable financial power of attorney covers money and property; a health care power of attorney names who makes your medical decisions, and a health care directive states your wishes about life support. We prepare both sides so the right person has authority over the right decisions, and neither is left to a court or a default list.
When should I set up a power of attorney?
Before you need it, which means while you clearly have capacity, because you can't sign a valid power once you've lost it. The common prompts are aging, a serious diagnosis, scheduled surgery, or extended travel, but the honest answer is that every adult should have one. Once incapacity hits without a power in place, the only option is guardianship, and that's the slow, expensive process we'd rather help you avoid.
Recentarticles.
Durable and health care powers of attorney, drafted to give the right person authority and to hold up when it's needed.
Oseran Hahn P.S. · 11225 SE 6th St, Suite 100 · Bellevue, WA 98004
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