Many people know they need a power of attorney. However, far fewer feel confident choosing who should serve in that role.
Naming a power of attorney is not just paperwork. Instead, it is a personal decision. The person you choose may one day manage your finances, access your accounts, make healthcare decisions, or handle urgent matters during a crisis.
Because of that, choosing wisely matters.
What Does a Power of Attorney Do?
A power of attorney allows someone you trust to act on your behalf if you cannot act for yourself.
Depending on how it is written, a power of attorney may allow your agent to:
Managing finances
Pay bills, manage accounts, and handle banking matters.
Handling property
Buy, sell, or manage real estate and other assets.
Managing legal and tax matters
File taxes and communicate with financial institutions.
Making healthcare decisions
Work with doctors and make medical decisions if your documents include healthcare authority.
Without this document in place, your family may need to go to court. As a result, they may have to seek guardianship or conservatorship. That process can be costly, time-consuming, and stressful.
What Qualities Should You Look For?
The right choice is not always the oldest child or closest relative. Instead, it should be the person who is most responsible and trustworthy.
For example, look for someone who:
• Handles money carefully
• Communicates clearly
• Stays calm under pressure
• Respects your wishes
• Is willing to serve
In addition, consider whether the person lives nearby and whether they realistically have time to take on this role.
Should You Name More Than One Person?
Some families consider naming co-agents. In some cases, that works well. However, in other cases, it can cause delays or disagreements.
If siblings do not communicate well, joint decision-making may slow down urgent matters. Therefore, many people choose one primary agent and name a backup successor.
Ultimately, the best structure depends on your family dynamics.
What Happens If You Choose the Wrong Person?
Unfortunately, financial exploitation sometimes happens when someone has legal authority. That does not mean you should avoid naming an agent. Instead, it means you should choose carefully and review your documents over time.
Because life changes, your power of attorney should change when needed. Relationships evolve, and your legal documents should reflect your current situation.
Why Every Adult Needs a Power of Attorney
Many people believe powers of attorney are only for older adults. However, every adult over 18 should have basic incapacity documents in place.
Accidents and illnesses can happen at any age. Therefore, planning ahead protects both you and your loved ones.
Making the Right Decision for Your Family
Choosing your power of attorney is one of the most important parts of your estate plan. For that reason, it deserves thoughtful discussion and clear legal guidance.
At Monteleon Law, we help individuals and families create estate plans that reflect their relationships, values, and long-term goals.
Contact us today to schedule a consultation and ensure your power of attorney documents protect what matters most.
For more information on estate planning and elder law, visit our Resources page to explore previous blog articles, newsletters, and our informative webinar series.
