(1) Although a
designated attorney-in-fact or agent has all powers of absolute
ownership of the principal, or the document has language to
indicate that the attorney-in-fact or agent shall have all the
powers the principal would have if alive and competent, the
attorney-in-fact or agent shall not have the power to make,
amend, alter, or revoke the principal's wills or codicils, and
shall not have the power, unless specifically provided otherwise
in the document: To make, amend, alter, or revoke any of the
principal's life insurance, annuity, or similar contract
beneficiary designations, employee benefit plan beneficiary
designations, trust agreements, registration of the principal's
securities in beneficiary form, payable on death or transfer on
death beneficiary designations, designation of persons as joint
tenants with right of survivorship with the principal with
respect to any of the principal's property, community property
agreements, or any other provisions for nonprobate transfer at
death contained in nontestamentary instruments described in RCW 11.02.091; to make any gifts of property owned by the principal;
to make transfers of property to any trust (whether or not
created by the principal) unless the trust benefits the principal
alone and does not have dispositive provisions which are
different from those which would have governed the property had
it not been transferred into the trust, or to disclaim property.
(2) Nothing in subsection (1) of this section prohibits an
attorney-in-fact or agent from making any transfer of resources
not prohibited under chapter 74.09 RCW when the transfer is for
the purpose of qualifying the principal for medical assistance or
the limited casualty program for the medically needy.
[2001 c 203 § 12; 1989 c 87 § 1; 1985 c 30 § 29. Prior: 1984 c 149 § 30.]
NOTES:
Effective dates -- 1989 c 87: "(1) Sections 7 and 8 of this
act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 1,
1989.
(2) Sections 1 through 5 of this act shall take effect
October 1, 1989." [1989 c 87 § 9.]
Short title -- Application -- Purpose -- Severability -- 1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability -- Effective dates -- 1984 c 149: See notes following RCW 11.02.005.