RCW 11.125.410
Agent authority—Principal's minor children.
Unless the power of attorney otherwise provides, the following general provisions shall apply to any power of attorney making reference to the care of the principal's minor children:
(1) A parent or guardian, through a power of attorney, may authorize an agent to make health care decisions on behalf of one or more of his or her children, or children for whom he or she is the legal guardian, who are under the age of majority as defined in RCW 26.28.015, to be effective if the child has no other parent or legal representative readily available and authorized to give such consent.
(2) A principal may further nominate a guardian or guardians of the person, or of the estate or both, of a minor child, whether born at the time of making the durable power of attorney or afterwards, to continue during the disability of the principal, during the minority of the child or for any less time by including such a provision in his or her power of attorney.
(3) The authority of any guardian of the person of any minor child shall supersede the authority of a designated agent to make health care decisions for the minor only after such designated guardian has been appointed by the court.
(4) In the event a conflict between the provisions of a will nominating a testamentary guardian under chapter 11.130 RCW and the nomination of a guardian under the authority of this statute, the most recent designation shall control.
[ 2020 c 312 § 723; 2016 c 209 § 218.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Structure 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.
11.125.030 - Application—Exceptions.
11.125.040 - Power of attorney—Termination.
11.125.050 - Power of attorney—Requirements.
11.125.060 - Power of attorney—Validity.
11.125.070 - Power of attorney—Meaning and effect.
11.125.080 - Conservator of principal's estate or guardian of principal's person.
11.125.090 - Power of attorney—When effective—Principal's personal representative for health care.
11.125.100 - Power of attorney termination—Agent authority termination.
11.125.110 - Coagents—Successor agents—Liability.
11.125.120 - Reimbursement of expenses for agents.
11.125.130 - Accepting appointment as an agent.
11.125.140 - Agents—Duties—Liability—Disclosures.
11.125.150 - Power of attorney provisions relieving agent liability—When allowed.
11.125.160 - Court petition—Who may file—Reasons may file.
11.125.170 - Chapter violations—Agent liability.
11.125.180 - Agent resignation—Procedure.
11.125.190 - Acknowledged power of attorney—When may rely upon—Certification or translation request.
11.125.200 - Acknowledged power of attorney—Acceptance—Refusal to accept.
11.125.210 - Principles of law and equity—Supplemental to chapter.
11.125.220 - Conflicting laws.
11.125.230 - Remedies—Not exclusive.
11.125.240 - Agent—Authority over principal's property.
11.125.250 - Agent—General authority—When created—When can be modified.
11.125.260 - Agent authority—General powers.
11.125.270 - Agent authority—Real property.
11.125.280 - Agent authority—Tangible personal property.
11.125.290 - Agent authority—Stocks, bonds, and financial instruments.
11.125.300 - Agent authority—Banks and financial institutions.
11.125.310 - Agent authority—Operation of a business or entity.
11.125.320 - Agent authority—Insurance and annuities.
11.125.330 - Agent authority—Estates, trusts, and other beneficial interests.
11.125.340 - Agent authority—Claims and litigation.
11.125.350 - Agent authority—Personal and family maintenance.
11.125.360 - Agent authority—Government program and civil and military service benefits.
11.125.370 - Agent authority—Retirement benefits and deferred compensation.
11.125.380 - Agent authority—Taxes.
11.125.390 - Agent authority—Gifts.
11.125.400 - Agent authority—Health care.
11.125.410 - Agent authority—Principal's minor children.
11.125.420 - Death with dignity act.
11.125.430 - Agent's certification form—Power of attorney and agent authority validity.
11.125.900 - Application—Uniformity—2016 c 209.