Choosing the Right Agent for Your Power of Attorney

Creating a power of attorney is something that almost everyone who creates an estate plan in Florida does. Power of attorney documents are useful, versatile, and are able to protect your interests when you are no longer able to look after your own affairs.

When creating the power of attorney, it’s vital that you take the time to select the appropriate agent. The right agent is one who will be able to protect your interests and perform his or her duties responsibly. Here is what you should consider when choosing agents for your power of attorney.

Minimum Requirements

In the state of Florida, an agent under a power of attorney must be at least 18 years old. That person must also be of sound mind. Further, no one is ever obligated to serve as your agent. In order to serve, that person must be willing to take on the responsibility of the position.

Location

Depending on the type of power of attorney you create, you might need to have an agent who was located nearby. For example, if you are creating a health care power of attorney, your agent might be called upon to make medical decisions in an emergency situation. If your agent is located too far away, he or she may not be easily available should such an emergency arise.

Power of Attorney Demands

Every power of attorney is different, and you will need an agent who is capable of acting in your best interests. So, you will need to pick an agent appropriate to the types of powers you grant.

For example, if you own a business and are creating a financial power of attorney that gives your agent the ability to manage your business in an emergency, your agent will need some specific skills. Namely, that agent must be able to manage your business and do so in a competent manner. While a family member or close relative might be someone you trust, that doesn’t necessarily mean that person will be able to perform the duties your power of attorney requires. In this type of situation, you might need to look outside your immediate circle of close friends or family members to find the appropriate person.

Power of Attorney Traits

Regardless of the tasks you would ask your agent to perform, good agents tend to have several character traits in common. A good agent will be organized and detail oriented. He or she will also be able to make difficult decisions, even if those decisions are contrary to the wishes of people who are close to you. Agents must be responsible and must be able to act in your best interests while putting their own desires or wishes aside.