Who Should be My Agent in My Power of Attorney?

Who Should be My Agent in My Power of Attorney?

Only you can decide who should be your agent.  Your agent does not need to be a relative.

Although the Uniform Power of Attorney Act says “anyone” can be an agent, it is questionable whether someone under 18 years old, or incompetent to enter into a contract, could be an agent under a power of attorney.  It would certainly be unwise for you to appoint such a person.

An act performed by your agent under your power of attorney binds you the same as if you performed the act yourself.  So it is important that your agent be someone you trust to act honestly, carry out your wishes, and act only in your best interest.  It is advisable that your agent know about finances in general and your specific finances and affairs.  You might want to appoint one agent for business decisions and a different agent for your health care decisions.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com for a power of attorney or change your agent.

You cannot appoint someone as your agent without their consent.  It is important to ask the person whether (s)he is willing to be your agent under your power of attorney.  Because your agent is liable if (s)he violates the power of attorney, his/her fiduciary duties, or the law regarding powers of attorney, the person you ask to be your agent should contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com to discuss the important responsibilities and duties (s)he is undertaking.

Although not required, your power of attorney should name one or more people (called a successor agent) who will take over your agent’s duties if your agent resigns, dies, becomes incapacitated, is not qualified or declines to be an agent.  Alternatively, your power of attorney can name a person to appoint your successor agent(s) for you. 

Your power of attorney can also name who you want as your guardian or conservator should that become necessary.  It can be your agent or someone else.  A judge is required to honor your choice unless there is good reason to the contrary, or the person you named is not legally qualified to be a guardian or conservator.

The person agrees to be your agent or successor agent by any statement or conduct indicating acceptance, including exercising authority or performing duties as your agent under your power of attorney.

If you want to appoint or change your agent, successor agent, guardian or conservator, contact Thomas T. Tornow, P. C. at http://www.tornowlaw.com.  If you have been asked to be an agent, successor agent, guardian or conservator, contact Thomas T. Tornow, P. C. at http://www.tornowlaw.com to learn your responsibilities if you accept.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.