How to Choose the Right Power of Attorney

 Posted on April 12, 2023 in Estate Planning and Probate

While estate planning often focuses on the distribution of assets after a person's death, it is also essential to plan for the possibility of incapacitation. An unexpected injury or severe illness can happen to anybody. Establishing a power of attorney allows you to designate an individual to speak on your behalf when you cannot communicate your wishes yourself. However, choosing the person or persons who will act as your power of attorney can be a significant challenge. Keep the following considerations in mind as you choose your power of attorney.

Consider the Characteristics You Are Looking for in a Power of Attorney

Acting as power of attorney for somebody else is a major responsibility. Start by making a list of the characteristics you are looking for in a power of attorney agent. Of course, it is important to choose somebody who is trustworthy. This person will be tasked with making medical or financial decisions on your behalf, so you want to make sure they will make the decisions in accordance with your wishes. It may be helpful to select somebody who has similar personal or religious beliefs to yours.

Also, consider whether any potential agent has the level of assertiveness needed to handle the situation. Is your family likely to argue about your medical care if you are incapacitated? Will this person need to stand up to opinionated in-laws or extended family members? Consider how your unique situation will influence your needs.

Make Sure Your POA is Up to The Task

Make sure that your agent has the capacity to follow through with the demands of being somebody's power of attorney. Making medical or financial decisions on a loved one's behalf is not easy, and the person will need to have the mental fortitude to handle the situation. Before choosing somebody as your power of attorney, have a conversation with them explaining what the role entails and why you have chosen them to be your agent. Ensure that they are willing to take on this responsibility.

Select a Financial POA and Healthcare POA

You may wish to have the same person act as your health care power of attorney and your financial power of attorney, or you may designate two different people to fill these roles. However, it is important that you designate who will be making medical decisions and who will be handling finances. If you are ever incapacitated, it is important that your loved ones understand their responsibilities.

Choose a Successor Agent

Many people neglect to choose a successor agent, but this is also very important. If something happens to your primary agent and they cannot fulfill the role, the successor agent will step in and take on POA responsibilities.

Contact a San Antonio Power of Attorney Lawyer

At Geoff Mayfield, Attorney at Law, we help Texans set up estate planning and incapacitation planning documents so that they can have the peace of mind they deserve. Estate planning lawyer Geoffery Ray Mayfield can provide the legal guidance you need. Call us at 210-535-0870 today.

Source:

https://www.verywellhealth.com/characteristics-for-choosing-power-of-attorney-4134991