Who should I choose as my agent in my POA?

On Behalf of | Mar 25, 2025 | Estate Planning

Selecting an individual to act on one’s behalf in a Power of Attorney (POA) agreement constitutes a decision of substantial importance. A POA grants legal authority to another party, enabling them to make determinations pertaining to one’s financial assets, property, or healthcare needs. The individual chosen for this role is designated as the “agent.” Given the significant responsibilities inherent in this position, a careful and deliberate selection process is imperative.

Consider trustworthiness

The most salient factor to consider in an agent is their trustworthiness. The principal must possess unwavering confidence that the agent will act consistently in their best interests. As the agent will manage critical aspects of the principal’s affairs, honesty and integrity are of paramount importance.

Think about capability

The agent must demonstrate the capacity to effectively manage the tasks assigned to them. In instances where the POA pertains to financial matters, the agent should exhibit competence in financial management. If the POA concerns healthcare decisions, the agent should possess a solid understanding of medical issues and demonstrate the ability to effectively communicate with healthcare providers.

Evaluate availability

The chosen individual must be available to act in a timely manner. This may necessitate the agent’s temporary absence from their personal affairs. Consideration should be given to the agent’s capacity and willingness to fulfill these obligations.

Determine communication skills

The agent will frequently be required to interact with external parties, such as financial institutions, medical professionals, and legal counsel. The agent must possess the ability to clearly articulate the principal’s wishes and ensure their proper execution.

Plan for the future

It is important to acknowledge that circumstances can change. The initially appointed agent may become unable to fulfill their duties. Consequently, it is advisable to designate a successor agent. This individual will assume the agent’s responsibilities if the primary agent is unable to serve.

The selection of a power of attorney agent necessitates careful and thorough deliberation. It is crucial to appoint an individual who is trustworthy, capable, and willing to act in the principal’s best interests.