Many people believe estate planning is something to address later in life—after retirement, after acquiring significant wealth, or after health issues arise. In reality, estate planning is about far more than what happens after death. It is about protecting yourself during your lifetime, particularly if you become unable to make decisions for yourself.
For most adults, the right time to create an estate plan is as soon as you turn 18, or whenever your personal, financial, or family circumstances change. One of the most important—and often overlooked—documents in any Washington estate plan is a Durable Power of Attorney.
Estate Planning in Washington Is Not Just About Death
Estate planning is often associated with wills and trusts, but under Washington law, a significant purpose of estate planning is preparing for incapacity. Incapacity can result from an accident, illness, or medical event and can happen at any age.
If you are unable to manage your finances or make healthcare decisions and you do not have a Power of Attorney in place, your loved ones may not have legal authority to help you—no matter how close your relationship is.
Your Spouse or Parents Do Not Automatically Have Authority Under Washington Law
A common misconception is that a spouse or parent can automatically step in and act on your behalf. In Washington, that is not the case.
Without a valid Power of Attorney:
- A spouse does not automatically have authority to manage your separate financial accounts
- Parents lose legal authority over their children once they reach adulthood
- Financial institutions and healthcare providers may refuse to accept instructions from family members
Even in emergencies, loved ones may be unable to access accounts, sign documents, or make financial decisions without court involvement.
What Happens in Washington If You Do Not Have a Power of Attorney?
If you become incapacitated without a Power of Attorney, your family may be required to petition the Washington Superior Court for the following:
- A guardianship of the person (to make personal and healthcare decisions), and/or
- A conservatorship of the estate (to manage finances and property)
These proceedings
- Are public court processes
- Require formal petitions, notices, and hearings
- Often involve ongoing court supervision
- Can take significant time before authority is granted
- Are far more expensive than proactive planning
In addition to the financial cost, guardianship and conservatorship proceedings can be emotionally exhausting and administratively burdensome for family members—especially during an already stressful time.
Importantly, the court—not you—decides who is appointed and what powers they receive.
Why a Durable Power of Attorney Matters
A Durable Power of Attorney allows you to choose, in advance, the following:
- Who will act for you
- What authority they will have
- When that authority becomes effective
With a properly drafted Power of Attorney, your chosen agent can step in immediately when needed, without court involvement. This can help avoid delays, reduce costs, and provide clarity for everyone involved.
A Powers of Attorney is commonly used to address the following:
- Financial and legal matters
- Banking and real estate transactions
- Healthcare and medical decisions
These documents can be tailored to your specific circumstances and preferences.
When Should You Create or Update an Estate Plan?
You should strongly consider creating or updating an estate plan if the following applies to you:
- You are over the age of 18
- You are married or in a committed relationship
- You own property or have financial accounts
- You want to avoid guardianship or conservatorship proceedings
- You want to ensure someone you trust can act on your behalf
Estate planning is not a one‑time task. As your life changes, your documents should be reviewed and updated to reflect those changes.
Planning Ahead Protects You and Your Family
Creating an estate plan—especially a Durable Power of Attorney—is not about expecting the worst. It is about maintaining control, protecting your independence, and sparing your loved ones from unnecessary court involvement.
By planning ahead, you give yourself peace of mind and provide your family with clear direction at a time when clarity matters most.
Need help with estate planning?
At Holmquist + Gardiner, PLLC we help Washington families cut through the confusion around estate planning and choose the right tools that fit their needs. Contact us today to schedule a consultation with our attorneys.
