Washington § 11.130.750 - Reliance on agreement — Liability — Request for certification.

(1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement.

(2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement.

(3) A person who is asked to accept an acknowledged supported decision-making agreement may request, and rely upon without further investigation, a supporter's certification given under penalty of perjury meeting the following requirements:

(a) The person presenting themselves as the supporter and signing the affidavit or declaration is the person so named in the supported decision-making agreement;

(b) To the best of the supporter's knowledge, the principal is still alive;

(c) To the best of the supporter's knowledge, at the time the supported decision-making agreement was signed, the principal was competent to execute the document and was not under undue influence to sign the document;

(d) The supporter does not have actual knowledge of the revocation, termination, limitation, or modification of the supported decision-making agreement or of the supporter's authority; and

(e) The supporter is acting in good faith pursuant to the authority given under the supported decision-making agreement.

(4) Except as otherwise provided in subsection (5) of this section:

(a) If a person requests a certification, the person shall accept the supported decision-making agreement no later than five business days after receipt of the certification; and

(b) A person may not require an additional or different form of supported decision-making agreement for authority granted in the supported decision-making agreement presented.

(5) A person is not required to accept an acknowledged supported decision-making agreement if:

(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(b) Engaging in a transaction with the supporter or the principal in the same circumstances would be inconsistent with federal law;

(c) The person has actual knowledge of the termination of the supporter's authority or of the supported decision-making agreement before exercise of the power;

(d) A request for a certification is refused;

(e) The person in good faith believes that the power is not valid or that the supporter does not have the authority to perform the act requested, whether or not a certification has been requested or provided; or

(f) The person makes, or has actual knowledge that another person has made, a report to the department of social and health services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the supporter or a person acting for or with the supporter.

(6) A person who refuses in violation of this section to accept an acknowledged supported decision-making agreement is subject to:

(a) A court order mandating acceptance of the supported decision-making agreement; and

(b) Liability for reasonable attorneys' fees and costs incurred in any action or proceeding that confirms the validity of the supported decision-making agreement or mandates acceptance of the supported decision-making agreement.

Effective dates—2020 c 312: See note following RCW 11.130.915.