Washington Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Washington who cannot decide: an agent, a guardian, or Washington's default surrogate order. Runs in your browser; nothing is stored.

Washington law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Washington

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Washington's default surrogate order

  1. The appointed guardian, if any
  2. Agent under a durable power of attorney with health care authority
  3. Spouse or state registered domestic partner
  4. Children 18 or older
  5. Parents
  6. Adult brothers and sisters
  7. Adult grandchildren familiar with the patient
  8. Adult nieces and nephews familiar with the patient
  9. Adult aunts and uncles familiar with the patient
  10. A close friend who signs a declaration under penalty of perjury (Not a provider, facility employee or paid caregiver; the declaration lasts up to six months)
What it covers
Lists, in order, who may give informed consent to health care for an adult who lacks capacity to make a health care decision.
If more than one person is in the same group
All available members of a class must agree. If two or more people in the same class are not unanimous, no consent can be given, and no one may consent if a higher-priority person has refused.
Who decides the person cannot decide
A health care provider reasonably determines the patient lacks capacity and documents the basis in the medical record.
Limits
  • No one may consent if a person with higher priority has refused.
  • Rights under the Death with Dignity Act cannot be exercised through a surrogate.
  • The surrogate first decides in good faith whether the patient would consent; if that cannot be known, best interests.

Source: Wash. Rev. Code 7.70.065 · Checked October 26, 2026

Next steps

Who decides in Washington without a power of attorney?

Washington's default surrogate law (Wash. Rev. Code 7.70.065) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse or state registered domestic partner.

Washington's default surrogate law in full

Washington's default surrogate order

  1. The appointed guardian, if any
  2. Agent under a durable power of attorney with health care authority
  3. Spouse or state registered domestic partner
  4. Children 18 or older
  5. Parents
  6. Adult brothers and sisters
  7. Adult grandchildren familiar with the patient
  8. Adult nieces and nephews familiar with the patient
  9. Adult aunts and uncles familiar with the patient
  10. A close friend who signs a declaration under penalty of perjury (Not a provider, facility employee or paid caregiver; the declaration lasts up to six months)
What it covers
Lists, in order, who may give informed consent to health care for an adult who lacks capacity to make a health care decision.
If more than one person is in the same group
All available members of a class must agree. If two or more people in the same class are not unanimous, no consent can be given, and no one may consent if a higher-priority person has refused.
Who decides the person cannot decide
A health care provider reasonably determines the patient lacks capacity and documents the basis in the medical record.
Limits
  • No one may consent if a person with higher priority has refused.
  • Rights under the Death with Dignity Act cannot be exercised through a surrogate.
  • The surrogate first decides in good faith whether the patient would consent; if that cannot be known, best interests.

Source: Wash. Rev. Code 7.70.065 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Washington if there is no power of attorney?

Washington's default surrogate law (Wash. Rev. Code 7.70.065) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse or state registered domestic partner. The full order, tie rule and limits are in Wash. Rev. Code 7.70.065.

Does next of kin in Washington have authority over money?

No default surrogate law covers money. In Washington, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Washington law checked against the official text on October 26, 2026.

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