Why a Power of Attorney Is Essential—and What Special Powers It Should Include
- Jennifer Georgianne
- Jul 6
- 3 min read
Why a Power of Attorney Is Essential—and What Special Powers It Should Include
When planning for the future, having a Power of Attorney (POA) in place is just as important as creating a will or trust. This legal document allows someone you trust—your agent or attorney-in-fact—to manage your financial and legal affairs if you become incapacitated.
At East County Estate Planning, PC, we help individuals and families across Kirkland, Redmond, Bothell, Woodinville, Sammamish, and all of King County, Washington, as well as La Mesa, Santee, El Cajon, and San Diego County, California, draft customized and legally sound POAs that truly protect their interests. But not all POAs are created equal—and missing certain special powers can be costly.
What Is a Power of Attorney?
A Power of Attorney is a document where you grant legal authority to another person to act on your behalf in financial, legal, or property matters. This can include paying bills, managing investments, handling real estate, or dealing with government benefits.
There are different types of POAs, including:
General Durable Power of Attorney – effective even if you become incapacitated
Springing Power of Attorney – becomes effective only upon incapacity
Limited Power of Attorney – restricted to specific tasks or timeframes
Why Special Powers Must Be Listed Explicitly
While a standard POA grants broad authority, certain critical powers must be explicitly listed—or your agent won’t be allowed to use them. Omitting these powers could prevent your agent from protecting your estate, qualifying you for benefits, or managing your trust effectively.
Key Special Powers to Include
1. Power to Amend or Revoke a Trust
If you become incapacitated and your revocable living trust needs updating—such as adding a new beneficiary or removing an outdated clause—your agent can only do this if your POA specifically grants that power. Without it, your trust may remain outdated, causing unintended consequences and legal roadblocks.
2. Power to Gift Assets
This is essential for long-term care planning. Your agent may need to transfer or "gift" assets to help you qualify for public benefits like Medicaid or Medi-Cal. Without this power, your eligibility for those programs could be delayed or denied.
3. Power to Create or Fund Trusts
This allows your agent to create or fund supplemental needs trusts or other protective structures that preserve assets while meeting public benefit requirements.
4. Power to Change Beneficiaries
Sometimes necessary to update outdated retirement accounts or insurance policies. Without it, assets might go to unintended recipients.
Why It Matters in Washington and California
Both Washington and California require strict compliance with state statutes for Powers of Attorney to be valid. In areas like Kirkland, Redmond, Bothell, Woodinville, Sammamish, La Mesa, Santee, El Cajon, and throughout King and San Diego Counties, improper or incomplete POAs can lead to court intervention, family disputes, and frozen accounts.
Don’t Wait—Protect Yourself Now
A well-drafted Power of Attorney gives your family the tools they need to act quickly and decisively if you're ever incapacitated. But without the right special powers, your agent’s hands may be tied—just when you need them most.
At East County Estate Planning, PC, we’ll make sure your POA includes every power necessary to protect your finances, your trust, and your future.
Serving Clients in:
Washington: Kirkland, Redmond, Bothell, Woodinville, Sammamish, King County
California: La Mesa, Santee, El Cajon, San Diego County
Contact us today to create or update your Power of Attorney the right way.
Office Locations
📞 Call us today at (619) 566-8084 or visit www.ecestateplanning.com to schedule your free consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog or contacting our firm through this website does not create an attorney–client relationship. You should not act or refrain from acting based on any content included in this blog without seeking appropriate legal or other professional advice specific to your situation.
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