Choosing an agent is not a formality. Your agent will have real legal authority over your finances, your medical care, or both. The decision deserves the same care you'd give to choosing an executor or a trustee.
What to look for in an agent
A good agent is not simply the person closest to you emotionally. Consider these qualities:
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Trustworthiness. Your agent has a fiduciary duty to act in your best interests, but the legal standard is a floor, not a ceiling. Choose someone whose integrity you trust without question.
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Organization and follow-through. Managing finances or coordinating medical care during a crisis requires attention to detail. A loving but disorganized family member may not be the right fit.
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Availability. If your agent lives across the country or has a demanding job, they may not be able to act quickly when needed.
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Willingness. Ask before you name someone. The role can be stressful, and a surprised or reluctant agent is not an effective one.
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Emotional steadiness. Medical decisions in particular can be made under significant pressure. Someone who handles stress well is an asset.
Should I name co-agents?
Some people consider naming two agents to act jointly, often two adult children, to keep things fair. This can create practical problems. Joint agents must coordinate on every decision, which slows things down and can create conflict. If you want oversight, a better approach is naming one primary agent and a different person as a successor, and letting your attorney build in accountability through the document's language.
Naming a successor agent
Always name at least one successor agent. If your primary agent predeceases you, becomes incapacitated, or declines to serve, your successor steps in without any court involvement. Without a successor named, your family may end up in the same court process a POA was meant to avoid.
Can I name a professional or corporate agent?
Yes. In some situations, particularly when family dynamics are complicated or no trusted individual is available, a professional fiduciary or a corporate trustee can serve as agent. This is less common for POAs than for trusts, but it is an option worth discussing with your attorney if your situation calls for it.
