A Power of Attorney (POA) lets you authorize someone else to act on your behalf — financially, medically, or for a specific transaction. In Washington state, most POAs must be notarized to be valid, and several also require witnesses. Getting the signing wrong can invalidate the whole document, which often is not discovered until the POA is actually needed. This post walks through exactly what is required.
Is Notarization Required?
For a Power of Attorney to be enforceable in Washington, the signer’s signature generally must be notarized or signed in front of two witnesses (RCW 11.125.050). In practice, most professional POAs are notarized, because a notarized POA is accepted more reliably by banks, hospitals, and courts than a witnessed one alone.
A POA that is notarized:
- Is accepted by banks (which often refuse witness-only POAs)
- Can be recorded with the county auditor when real estate is involved
- Satisfies most state and federal agency requirements
- Provides a higher evidentiary standard if later challenged
Types of POAs and Their Requirements
Durable Power of Attorney (Financial)
Used when you want someone to manage your finances if you become incapacitated. Must be notarized to be effective under Washington’s Uniform Power of Attorney Act. Survives your incapacitation, which is what makes it “durable.”
Healthcare Power of Attorney (Healthcare Directive)
Authorizes someone to make medical decisions when you cannot. Washington requires two adult witnesses OR a notary. Witnesses cannot be the agent, related to the agent, or financially responsible for your care. A notarized version avoids the witness-relationship complications.
Limited or Specific Power of Attorney
For a single transaction — selling a car, closing on a property while you are out of state, etc. Notarization is almost always required because the receiving party (DMV, title company, bank) will only accept a notarized document.
Springing Power of Attorney
Takes effect only upon a defined triggering event (typically incapacitation). Must be notarized. Requires precise drafting to avoid disputes about whether the triggering event has occurred.
What Happens at the Notarization
Here is what a proper POA notarization looks like:
-
The principal (you) signs in the notary’s presence. The signature cannot be pre-signed. If you have already signed the POA, you either re-sign or the notary will attach a separate acknowledgment block.
-
The notary verifies your identity using a current, unexpired, government-issued photo ID. Washington state driver’s license, passport, or military ID are all acceptable.
-
The notary confirms you understand what you are signing and that you are not under duress. For a POA, this “capacity check” is especially important. If the notary has doubts about capacity — for example, the principal is heavily medicated in a hospital — the notary will decline to proceed.
-
The notary completes the notarial certificate with your name, the date, and their seal. For POAs, this is typically an “acknowledgment” wording: “I acknowledge that I signed this instrument freely and voluntarily for the uses and purposes therein mentioned.”
-
The notary records the transaction in their journal as required by Washington law.
Common Mistakes That Invalidate a POA
We see the same errors come up repeatedly:
1. Principal signed beforehand. The signature must be in the notary’s presence. A photocopied or pre-signed signature voids the notarization.
2. Wrong notarial wording. A “jurat” (sworn oath) block is different from an “acknowledgment” block. POAs typically require acknowledgment, not jurat. The wrong block on the page creates problems at the bank.
3. Agent served as witness. The person being named as agent cannot also be a witness. Common mistake in hospitals when family members are the only people available.
4. Principal used an expired ID. Washington law does not allow expired identification. If your driver’s license expired last month, bring your passport instead.
5. Agent signed the POA. The agent does not sign the POA itself — only the principal does. The agent signs separate acknowledgment paperwork (if any) or simply begins acting once the POA is effective.
6. Notarization happened after death or incapacity. Capacity must exist at the moment of signing. If the principal becomes incapacitated before the notary arrives, the notary cannot proceed.
Hospital and Bedside POA Notarizations
We handle a lot of hospital POAs — patients about to undergo surgery, elderly parents entering long-term care, or deathbed financial-POA scenarios. A few notes specific to these situations:
- Capacity is essential. We will not notarize a POA if the signer cannot demonstrate basic understanding of what they are signing. This is not a judgment call — it is a legal requirement.
- Medications can affect capacity. Heavy pain medication is a gray area. We often ask the signer several orienting questions before proceeding.
- Speed matters. When a patient’s condition is deteriorating, we prioritize the appointment. Call us directly rather than using the web form.
- Witnesses may be needed on top of notarization for certain healthcare documents. We can serve as an additional witness, or bring one.
See our hospital notary services page for scheduling priority visits at St. Anthony, Tacoma General, Harrison Medical, and other Pierce/Kitsap facilities.
Before You Sign
A checklist:
- Is the POA drafted by or reviewed by a Washington attorney? (Recommended for durable financial POAs especially.)
- Does it use current Washington statutory language?
- Are all blanks filled in except your signature?
- Is your ID current and unexpired?
- Do you understand what authority you are granting and for how long?
- Does the receiving party (bank, DMV, hospital) have any additional requirements?
Ready to Notarize Your POA?
If you are in Gig Harbor, Tacoma, Port Orchard, or Bremerton and need a POA notarized — at home, at a hospital, at your attorney’s office — call us at (253) 366-6538 or book online. Same-day and urgent appointments are routinely available.