Selecting an Agent

Selecting an Agent by Attorney Laura T. Curry (Audio)

Agents are arguably the most important people in our legal lives. They step in and make decisions for you when you are unable to act for yourself. They make financial decisions for you under a Financial Power of Attorney and make medical decisions for you when you aren’t able to act for yourself under a Healthcare Power of Attorney.

For example, let’s say your daughter is going to study abroad for a semester. She may want you to sell her car and manage her financials matters while she’s away. She could name you as her immediate Agent under a Financial Power of Attorney. As her Agent, you would have the power to sell her car and manage her financial affairs in her absence. Similarly, you can appoint someone as Agent under a Health Care Power of Attorney. This individual will make medical decisions for you when you’re not able to make them for yourself.

So what are the qualities that can help you appoint the right agent for your situation? They should share your philosophy or at least be willing to abide by your philosophy when exercising their duties as your Agent. For example, let’s say you appoint your son as your agent under your Financial Power of Attorney. He is very sophisticated in business but he’s a risk taker. He knows you’re quite conservative in your financial dealings. He should be willing to manage your financial affairs using your conservative approach. If not, there may be a better choice for you rather than your son.

Another important quality to consider is their reliability and whether they are likely to put your interests ahead of their own.

Whether the Agent has some knowledge about finances or medical issues is another important factor to consider. Also, you should consider their geographical location. While there is no requirement that your Agent be located in the same area as you, it is often a practical consideration to make.

Oftentimes, clients believe it should be their spouse or oldest child but this is not always the case. You should pick the person who is best for the task and will put your interests ahead of their own.

If you want to discuss putting together a Power of Attorney package or updating your existing agents, contact SinclairProsser Law for an appointment.

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Laura Curry, Estate Planning Attorney

Laura Curry first became interested in estates and trusts when practicing as a family law attorney at the start of her career. She learned that each family had their own dynamics which shapes their goals and desired outcome. It was quickly apparent to her that planning and re-evaluating plans when necessary is critical to families as life changes course.

Laura’s unique professional background as a family law attorney and working at a creditors’ rights law firm provides her with the skills to bring comprehensive services to our clients. Laura was first attracted to SinclairProsser Law because of their approach to work with clients throughout years and life stages. SinclairProsser Law strives to make our clients confident about their choices to provide peace of mind and lasting security.

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