[WSBAPT] Authorization to Dispose of Remains

[Joshua McKarcher]

No argument from me, as I think a notary is like a ‘super witness’ in the sense that they actually have a legal obligation TO OBSERVE the signing of the document whereas we all know a witness can be asked to sign a document signed hours or weeks previously and there would be no way of knowing they did not witness the “signing and dating” this statute requires. (The dating requirement is absurd. Why shouldn’t a preprinted date be sufficient? But I also have a hard time a court would not determine that the signing of the document is the adoption of its date and constitutes the signing party “dating” the document or some reasoning to reach the sensible conclusion.)

As you know, this is all worth exactly nothing, but I will also be amazed if there is any case law on this statute unless a family had a lot of money and could somehow freeze a body long enough to get a published opinion on cremation vs. burial, say. Otherwise, these that have been disputed are, I would surmise, the subject of audio recordings with oral orders and maybe cursory written orders entered later, just given the nature of the dispute this statute would be resolving as to remains.

But I will LOVE IT if someone tells me I’m wrong and they’ve been involved in one and I’m all wet and there is a written opinion, etc. etc. We shall see . . .


Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Tuesday, 23 June 2026 14:52:44
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Authorization to Dispose of Remains

In today's version of educational discussion, I would love to here the thoughts on this provision from RCW 68.50.160(3)(b):

(b) The designated agent of the decedent as directed through a written document signed and dated by the decedent in the presence of a witness. The direction of the designated agent is sufficient to direct the type, place, and method of disposition;

As we all know, a POA can be executed in front of two witnesses OR a notary.  To comply with this statute, would a notary be be a viable witness?

My thought is yes - even though they are being tasked to perform a notarial act to validate a POA, if that POA includes a provision to permit disposition of remains, then they witnessed the signature of the principal.

Any disagreement on that front?


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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