RCW 11.94.050
Attorney or agent granted principal's
powers -- Powers to be specifically provided for -- Transfer of
resources by principal's attorney or agent. (Effective until
January 1, 2012.)
(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.
RCW 11.94.050
Attorney or agent granted principal's
powers -- Powers to be specifically provided for -- Transfer of
resources by principal's attorney or agent. (Effective January
1, 2012.)
(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 exercise the principal's
rights to distribute property in trust or cause a trustee to
distribute property in trust to the extent consistent with the
terms of the trust agreement; 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.
[2011 c 327 § 4; 2001 c 203 § 12; 1989 c 87 § 1; 1985 c 30 § 29. Prior: 1984 c 149 § 30.]
NOTES:
Application -- Effective date -- 2011 c 327: See notes following RCW 11.103.020.
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.