Choosing the Right Agent

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Choosing Your Agent: The Most Important Decision in Your Estate Plan

Having the right legal documents, like a Durable Power of Attorney and a Health Care Power of Attorney, is the foundation of a solid plan. However, these documents are only as effective as the person you choose to carry them out. This person, known as your “agent” or “attorney-in-fact,” will be given immense authority to make critical decisions about your finances, your health, and your quality of life if you are unable to do so yourself. Choosing this person is the single most important decision in your entire planning process.

Key Qualities to Look For in an Agent

While every family situation is unique, the ideal agent possesses a core set of non-negotiable traits. Before you appoint anyone, ask yourself if they are:

  • Completely Trustworthy: This is the absolute foundation. If you have any doubt about their integrity, you must choose someone else. You are better off with no agent than the wrong one.
  • Financially Responsible: Have they demonstrated good judgment in their own financial life? An agent should be organized, diligent, and capable of managing your affairs with care.

Empathetic and Level-Headed:

    Your agent must be able to make decisions that are consistent with your wishes, even during a stressful and emotional time. They need to be loving and empathetic, but also capable of making clear-headed choices.

Navigating Family Dynamics

Many people default to naming their spouse or oldest child as their agent. While often the right choice, it’s important to think strategically.

  • Choosing a Spouse: Naming your spouse is a natural choice, but if you have children from a previous relationship, consider appointing your spouse and a trusted child as co-agents to ensure all interests are represented.
  • Choosing Among Children: Do not automatically default to the oldest. Focus on character, not birth order. Which child is the most responsible, trustworthy, and organized? Also, consider their relationships with their siblings. Naming a child who has a strained relationship with others can create unnecessary conflict.

Red Flags: Characteristics to Avoid

Certain life challenges can make someone a poor choice for an agent, even if you love and trust them. Be cautious about appointing anyone who is currently dealing with:

  • Addiction issues (alcohol, drugs, gambling).
  • Significant creditor problems or financial instability.
  • A contentious divorce or other personal turmoil.

A person struggling to manage their own affairs is not in a position to responsibly manage yours.

Building in Safeguards

A well-drafted legal document can include provisions to protect you. For example, you can require your agent to provide an annual accounting to another family member or a professional. This oversight ensures transparency and accountability. A proactive approach to your comprehensive estate plan includes not only choosing the right person but also creating a system of checks and balances. This forethought is the best way to avoid a costly and public guardianship proceeding in the future.

Call our office at (919) 256-7000 to schedule a consultation.