By Carolyn Hayek

Retired district court judge

A power of attorney is a simple signed document, but it can be a “best friend” or “favorite tool” for a person who is helping an elderly or disabled family member manage bills, bank accounts and assets. It allows the helper to pay bills, access funds and manage property in nearly the same way as if the helper or “agent” were handling his or her own affairs. It avoids the cost and complications of a formal guardianship or trust and the legal complications of joint ownership.

However, a power of attorney is so easy to create and get signed that it can be abused by a dishonest or incompetent person who wants to help but may have the wrong motivation or lack the skills to be a trustworthy assistant. To help ensure no fraud has occurred, banks and other businesses may be wary of accepting the power of attorney and want additional documentation that it is valid.

In 2016, the Washington Legislature adopted a new Uniform Power of Attorney Act, which is now found in Title 11 of the Revised Code of Washington. This new law does not invalidate existing powers of attorney, but it does provide a good reason to review any current powers of attorney with a legal advisor to see if an update might be appropriate. The new law clarifies the duties and responsibilities of the “agent” who is acting pursuant to the power of attorney and describes who can bring a court action if the agent appears to have acted improperly.

The Handbook for Washington Seniors, published in Seattle by the no-profit Legal Voice, contains a wealth of information about planning documents, including powers of attorney. The handbook may be viewed online and downloaded for free from the LegalVoice.org website or ordered in hard copy for $20. A Spanish version is also available. Each topic covered by the handbook includes an extensive list of additional resources.

One especially useful resource, which includes power of attorney forms, is Washington Law Help, washingtonlawhelp.org. Washington Law Help offers materials in both English and Spanish. Both of these websites also contain information on many other legal topics of interest to seniors and their families.

People’s Memorial Association, a Seattle-based nonprofit organization, is another valuable resource for a variety of matters related to end-of-life planning. Visit peoplesmemorial.org for additional information.

“Coming of Age… Again” is edited by the Kirkland Senior Council, a group the City of Kirkland created in 2001 to advocate for older adults in our community. The council is made up of people living or working in Kirkland who want to help improve and maintain the quality of life for people in Kirkland as they grow older. Membership is open throughout the year.