The WA Cares Fund Is Now Live

Beware One Trap That Could Lock Your Family Out

Washington is officially paying out long-term care benefits, but an outdated Power of Attorney could stand between you and $36,500.

On July 1, 2026, Washington made history as the first state in the nation to open a public long-term care benefit to its residents. Under the WA Cares Fund, qualified workers can now access a lifetime benefit of up to $36,500 for in-home care, home modifications, and adaptive equipment.

Governor Ferguson’s office marked the launch as a massive milestone after years of delays. But as families rush to access these new funds, a quiet legal roadblock is catching thousands off guard.

The Catch: Who Signs the Paperwork?

For a healthy, working adult, securing this benefit is relatively straightforward. The process grows far more complex, however, when the individual who earned the benefit faces cognitive decline, severe illness, or an inability to navigate state bureaucracy. Stepping in to assist requires formal legal authority. The informal family understanding that you are managing affairs carries no weight with state agencies or medical boards.

Many families operate under the assumption that a standard Durable Power of Attorney (POA) automatically grants this power. Unfortunately, it often falls short. Because the WA Cares Fund is a relatively recent initiative, older estate planning instruments or documents drafted with overly broad provisions may not contain the explicit language necessary to manage novel, state-sponsored public benefit programs. If an existing POA is silent or ambiguous on this front, state administrators and financial institutions possess the right to reject your authority.

Should a loved one lose capacity before these specific provisions are established, families are often left with a single, challenging alternative: court-ordered guardianship. This is a protracted, costly, and public legal proceeding that can effectively freeze access to vital care benefits at the precise moment they are needed most.

Where In-Home Care Meets Legal Authority

Long before a lawyer ever sees the documents, a caregiver sitting at the kitchen table usually uncovers the issue.

When a home care partner assists a client, they are on the front lines. They help locate pay stubs, note changes in physical condition, and help organize the paperwork. At Cornerstone Legal, we view a family's home care team as an indispensable part of a successful long-term care plan.

However, there is a strict boundary between logistical help and legal authority. A professional caregiver can help you fill out a form, but they cannot legally sign it, submit it, or make decisions on how those disbursed state funds are spent.

Settling who the authorized agent is before the application begins protects everyone—the client, the family, and the care team.

Your 3-Point WA Cares Pre-Application Checklist

Before you or a loved one attempts to log into the state portal, take ten minutes to pull out your existing Financial and Healthcare Durable Power of Attorneys and check for three things:

• Look for "Public Benefits" Language: Does the document explicitly authorize the agent to apply for, modify, and manage government and state benefit programs, rather than just "paying bills" or "managing bank accounts"?

• Verify Digital Access Authority: The WA Cares application is heavily online. Does your POA grant the agent the right to create online accounts, manage digital credentials, and conduct electronic signatures on the principal's behalf?

• Coordinate "the Team": Touch base with your loved one’s home care agency. Ensure the caregiver knows exactly who holds the legal decision-making power so paperwork moves through the right hands without delay.

Updating a Power of Attorney seamlessly expands your estate plan’s reach to cover new roles without starting from scratch.