reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.090 - Disclosure of content of electronic communications of principal.

RCW 11.120.090
Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) Evidence linking the account to the principal.
[ 2016 c 140 § 9.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.100 - Disclosure of other digital assets of principal.

RCW 11.120.100
Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications of the principal, if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) Evidence linking the account to the principal.
[ 2016 c 140 § 10.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.110 - Disclosure of digital assets held in trust when trustee is original user.

RCW 11.120.110
Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of that account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
[ 2016 c 140 § 11.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.120 - Disclosure of content of electronic communications held in trust when trustee not original user.

RCW 11.120.120
Disclosure of content of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument, or a certification of the trust under RCW 11.98.075, that includes consent to disclosure of the content of electronic communications to the trustee;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) Evidence linking the account to the trust.
[ 2016 c 140 § 12.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.130 - Disclosure of other digital assets held in trust when trustee not original user.

RCW 11.120.130
Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications in which the trust has a right or interest, if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under RCW 11.98.075;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) If requested by the custodian:
(a) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) Evidence linking the account to the trust.
[ 2016 c 140 § 13.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.140 - Disclosure of digital assets to guardian or conservator of incapacitated person.

RCW 11.120.140
Disclosure of digital assets to guardian or conservator of incapacitated person.
(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by an incapacitated person and any digital assets, other than the content of electronic communications, if the guardian gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) Certified copies of letters of guardianship and the court order appointing the guardian; and
(c) If requested by the custodian:
(i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the person; or
(ii) Evidence linking the account to the incapacitated person.
(3) A guardian may request a custodian of the incapacitated person's digital assets to suspend or terminate an account of the incapacitated person for good cause. A request made under this section must be accompanied by certified copies of letters of guardianship and the court order appointing the guardian.
[ 2020 c 312 § 721; 2016 c 140 § 14.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.150 - Fiduciary duty and authority.

RCW 11.120.150
Fiduciary duty and authority.
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(a) Except as otherwise provided in RCW 11.120.040, is subject to the applicable terms-of-service agreement;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(d) May not be used to impersonate the user.
(3) A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws.
(5) A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the letter of appointment of the representative or a small estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
(i) A number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) Evidence linking the account to the user; or
(iii) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in (c)(i) of this subsection.
[ 2016 c 140 § 15.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.160 - Custodian compliance and immunity.

RCW 11.120.160
Custodian compliance and immunity.
(1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Sec. 2702, as it existed on June 9, 2016.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(5) This section does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(a) Specifies that an account belongs to the incapacitated person, trustor, decedent, or principal;
(b) Specifies that there is sufficient consent from the incapacitated person, trustor, decedent, or principal to support the requested disclosure; and
(c) Contains a finding required by law other than this chapter.
(6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
[ 2016 c 140 § 16.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.900 - Uniformity of application and construction.

RCW 11.120.900
Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2016 c 140 § 17.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.120 - Uniform Fiduciary Access to Digital Assets Act. › 11.120.901 - Relation to electronic signatures in global and national commerce act.

RCW 11.120.901
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2016 c 140 § 18.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.010 - Short title—2016 c 209.

RCW 11.125.010
Short title—2016 c 209.
Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.
[ 2016 c 209 § 101.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.030 - Application—Exceptions.

RCW 11.125.030
Application—Exceptions.
(1) This chapter applies to all powers of attorney except:
(a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(b) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(c) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
(2) Notwithstanding subsection (1) of this section, RCW 11.125.170 shall not apply to a power to make health care decisions under RCW 11.125.400 and 11.125.410, nor shall it apply to the power to nominate a guardian for a minor child under RCW 11.125.410.
[ 2016 c 209 § 103.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.040 - Power of attorney—Termination.

RCW 11.125.040
Power of attorney—Termination.
The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's incapacity.
[ 2016 c 209 § 104.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.050 - Power of attorney—Requirements.

RCW 11.125.050
Power of attorney—Requirements.
(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers at an adult family home or long-term care facility in which the principal resides, and who are unrelated to the principal or agent by blood, marriage, or state registered domestic partnership, by subscribing their names to the power of attorney, while in the presence of the principal and at the principal's direction or request.
(2) A power of attorney shall be considered signed in accordance with this section if, in the case of a principal who is physically unable to sign his or her name, the principal makes a mark in accordance with RCW 11.12.030, or in the case of a principal who is physically unable to make a mark, the power of attorney is executed in accordance with RCW 64.08.100.
(3) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
[ 2016 c 209 § 105.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.060 - Power of attorney—Validity.

RCW 11.125.060
Power of attorney—Validity.
(1) A power of attorney executed in this state on or after January 1, 2017, is valid if its execution complies with RCW 11.125.050.
(2) A power of attorney executed in this state before January 1, 2017, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to RCW 11.125.070; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b, as amended.
(4) Except as otherwise provided by statute other than chapter 209, Laws of 2016, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
[ 2016 c 209 § 106.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.070 - Power of attorney—Meaning and effect.

RCW 11.125.070
Power of attorney—Meaning and effect.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
[ 2016 c 209 § 107.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.080 - Conservator of principal's estate or guardian of principal's person.

RCW 11.125.080
Conservator of principal's estate or guardian of principal's person.
(1) In a power of attorney, a principal may nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(2) If, after a principal executes a power of attorney, a court appoints a conservator of the estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues, subject to the provisions of RCW 11.130.335(1) and 11.130.435(4), unless limited, suspended, or terminated by the court.
(3) If, after a principal executes a power of attorney that includes health care decisions, a court appoints a guardian of the person, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues, subject to the provisions of RCW 11.130.335(1) and 11.130.435(4), unless limited, suspended, or terminated by the court.
[ 2020 c 312 § 320; 2019 c 437 § 316; 2016 c 209 § 108.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.090 - Power of attorney—When effective—Principal's personal representative for health care.

RCW 11.125.090
Power of attorney—When effective—Principal's personal representative for health care.
(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing that the event or contingency has occurred.
(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing by:
(a) A physician or licensed psychologist, unrelated to the principal or agent by blood or marriage, who has personally examined the principal, that the principal is incapacitated within the meaning of RCW 11.125.020(5)(a); or
(b) A judge or an appropriate governmental official that the principal is incapacitated within the meaning of RCW 11.125.020(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. Sec. 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
[ 2016 c 209 § 109.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.100 - Power of attorney termination—Agent authority termination.

RCW 11.125.100
Power of attorney termination—Agent authority termination.
(1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal revokes the power of attorney;
(d) The power of attorney provides that it terminates;
(e) The purpose of the power of attorney is accomplished; or
(f) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent's authority terminates when:
(a) The principal revokes the authority;
(b) The agent dies, becomes incapacitated, or resigns;
(c) An action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, or an action is filed for dissolution or annulment of the agent's state registered domestic partnership with the principal or for their legal separation, unless the power of attorney otherwise provides; or
(d) The power of attorney terminates.
(3) An agent's authority which has been terminated under subsection (2)(c) of this section shall be reinstated effective immediately in the event that such action is dismissed with the consent of both parties or the petition for dissolution, annulment, or legal separation is withdrawn.
(4) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (2) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(5) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(6) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(7) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
[ 2016 c 209 § 110.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.110 - Coagents—Successor agents—Liability.

RCW 11.125.110
Coagents—Successor agents—Liability.
(1) A principal may designate in a power of attorney two or more persons to act as coagents. Unless the power of attorney otherwise provides, all coagents must exercise their authority jointly; provided, however, a coagent may delegate that coagent's authority to another coagent.
(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(a) Has the same authority as that granted to the original agent; and
(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and subsection (4) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
[ 2016 c 209 § 111.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.120 - Reimbursement of expenses for agents.

RCW 11.125.120
Reimbursement of expenses for agents.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to reasonable compensation.
[ 2016 c 209 § 112.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.130 - Accepting appointment as an agent.

RCW 11.125.130
Accepting appointment as an agent.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
[ 2016 c 209 § 113.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.150 - Power of attorney provisions relieving agent liability—When allowed.

RCW 11.125.150
Power of attorney provisions relieving agent liability—When allowed.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with gross negligence to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
[ 2016 c 209 § 115.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.170 - Chapter violations—Agent liability.

RCW 11.125.170
Chapter violations—Agent liability.
An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred.
[ 2016 c 209 § 117.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.180 - Agent resignation—Procedure.

RCW 11.125.180
Agent resignation—Procedure.
Unless the power of attorney has been terminated in accordance with RCW 11.125.080, or the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent, if designated; or
(2) If there is no person described in subsection (1) of this section:
(a) To any person reasonably believed by the agent to have sufficient interest in the principal's welfare;
(b) To a governmental agency having authority to protect the welfare of the principal; or
(c) By filing notice with the county recorder's office in the county where the principal resides.
[ 2016 c 209 § 118.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.200 - Acknowledged power of attorney—Acceptance—Refusal to accept.

RCW 11.125.200
Acknowledged power of attorney—Acceptance—Refusal to accept.
(1) Except as otherwise provided in subsection (2) of this section:
(a) A person shall either accept an acknowledged power of attorney or request a certification or a translation no later than seven business days after presentation of the power of attorney for acceptance;
(b) If a person requests a certification or a translation, the person shall accept the power of attorney no later than five business days after receipt of the certification or translation; and
(c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(2) A person is not required to accept an acknowledged power of attorney if:
(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(d) A request for a certification or a translation is refused;
(e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification or a translation has been requested or provided; or
(f) The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
(a) A court order mandating acceptance of the power of attorney; and
(b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
[ 2016 c 209 § 120.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.210 - Principles of law and equity—Supplemental to chapter.

RCW 11.125.210
Principles of law and equity—Supplemental to chapter.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
[ 2016 c 209 § 121.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.220 - Conflicting laws.

RCW 11.125.220
Conflicting laws.
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
[ 2016 c 209 § 122.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.230 - Remedies—Not exclusive.

RCW 11.125.230
Remedies—Not exclusive.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
[ 2016 c 209 § 123.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.250 - Agent—General authority—When created—When can be modified.

RCW 11.125.250
Agent—General authority—When created—When can be modified.
(1) Subject to the provisions of RCW 11.125.240, if a power of attorney grants to an agent authority to do all acts that a principal could do or contains words of similar effect, the agent has the general authority described in RCW 11.125.260 through 11.125.410.
(2) An agent has authority described in chapter 209, Laws of 2016 if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in RCW 11.125.270 through 11.125.410 or cites the section in which the authority is described.
(3) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in RCW 11.125.270 through 11.125.410 or a citation to a section of RCW 11.125.270 through 11.125.410 incorporates the entire section as if it were set out in full in the power of attorney.
(4) A principal may modify authority incorporated by reference.
[ 2016 c 209 § 202.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.260 - Agent authority—General powers.

RCW 11.125.260
Agent authority—General powers.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in RCW 11.125.270 through 11.125.410 or that grants to an agent authority to do all acts that a principal could do pursuant to RCW 11.125.250(1), a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, declaratory or injunctive relief, money, or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) Engage, compensate, and discharge an attorney, accountant, investment manager, expert witness, or other advisor;
(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject.
[ 2016 c 209 § 203.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.270 - Agent authority—Real property.

RCW 11.125.270
Agent authority—Real property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand; buy; sublease; license; receive; accept as a gift or as security for an extension of credit; or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without reservations, covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant, common interest regime; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; license; contribute to an entity in exchange for an interest in that entity; or, subject to RCW 11.125.240, otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, extend the time of payment of a debt of the principal or a debt guaranteed by the principal, or as security for a nonmonetary obligation;
(4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(a) Insuring against liability or casualty or other loss;
(b) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(d) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(a) Selling or otherwise disposing of them;
(b) Exercising or selling an option, right of conversion, or similar right with respect to them; and
(c) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
[ 2016 c 209 § 204.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.280 - Agent authority—Tangible personal property.

RCW 11.125.280
Agent authority—Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(a) Insuring against liability or casualty or other loss;
(b) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(c) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(d) Moving the property from place to place;
(e) Storing the property for hire or on a gratuitous bailment; and
(f) Using and making repairs, alterations, or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property.
[ 2016 c 209 § 205.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.290 - Agent authority—Stocks, bonds, and financial instruments.

RCW 11.125.290
Agent authority—Stocks, bonds, and financial instruments.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks, bonds, and financial instruments authorizes the agent to:
(1) Buy, sell, and exchange stocks, bonds, and financial instruments;
(2) Establish, continue, modify, or terminate an account with respect to stocks, bonds, and financial instruments;
(3) Pledge stocks, bonds, and financial instruments as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidences of ownership with respect to stocks, bonds, and financial instruments;
(5) Exercise voting rights with respect to stocks, bonds, and financial instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote;
(6) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(7) Establish, continue, modify, and terminate option accounts.
[ 2016 c 209 § 206.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.300 - Agent authority—Banks and financial institutions.

RCW 11.125.300
Agent authority—Banks and financial institutions.
Except as otherwise expressly provided in chapter 209, Laws of 2016 and in chapter 30A.22 RCW, unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
[ 2016 c 209 § 207.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.125 - Uniform Power of Attorney Act. › 11.125.320 - Agent authority—Insurance and annuities.

RCW 11.125.320
Agent authority—Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, sell, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different, and additional contracts of insurance and annuities for the benefit of the principal and the principal's spouse, state registered domestic partner, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
[ 2016 c 209 § 209.]