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How to Choose an Agent for Your Power of Attorney

Because your Power of Attorney agent will have legal authority to act on your behalf, it´s very important that this person is trustworthy and will act in your best interests.  Here are some questions to ask yourself about any person you are considering as your agent:

  • Do you trust this person with your important financial and other legal affairs?
  • Is this person financially responsible?  How do they manage their own financial and legal affairs?
  • Will the potential agent charge you a fee?  Family members usually perform the service gratis, but if you pick a lawyer or accountant, a fee is usually involved.
  • Will this person agree to serve as your Power of Attorney agent?  You should discuss your decision with them and they should agree before you officially appoint them.

You may also appoint a second agent who can become your agent in case your first choice is unable to serve as your agent when the time comes.

Remember, if you ever become unsure about your agent´s trustworthiness or if a conflict of interest arises, you should terminate the agent´s authority to act for you by using a Revocation of Power of Attorney document. You should also contact banks and other parties who may have been relying on the authority of your agent. 

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Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.