A Durable Power of Attorney is a document that appoints someone (usually not an attorney) as your representative in the event that you are incapacitated or unavailable. There are two common types: for health care and for finances.

A Durable Power of Attorney for health care appoints someone to make health care decisions for you when you are incapacitated. These typically take effect when you are found to be incapacitated. Under Washington State law, your spouse is the default decision-maker, but sometimes your spouse isn't available or the hospital has doubts about your legal relationship. What's the easiest way to provide clarity? And who is your back-up? In one document, you can appoint your spouse as the first choice and name 1-2 back-up people. I highly recommend talking with the people you appoint about what's important to you in your health care decisions, and making sure that each of them knows where a signed copy of your Power of Attorney for health care can be found, should it be needed.

A Durable Power of Attorney for financial decisions is also important. If you are incapacitated or unavailable, would your spouse have access to all of your bank accounts? Brokerage accounts? Emergency funds? This can be effective immediately, rather than requiring incapacity, which can be useful if one spouse travels frequently or may simply be unavailable. It is increasingly common for married couples to maintain one or more bank or credit accounts in their separate name, but to pool resources jointly. If you or your spouse is suddenly unavailable, would the mortgage still get paid without access to those separate accounts? If not, and if you want to maintain your separate accounts, a Durable Power of Attorney could be the back-up plan answer.