Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
Common choices for POA agents include spouses, adult children, siblings, or close friends. Some individuals also opt to name professional fiduciaries, such as attorneys or financial advisors, especially for financial powers of attorney. It’s important to note that the agent does not need to be a lawyer or have any special qualifications unless specified by state law.
However, it’s crucial to understand that laws regarding who can serve as an agent in a power of attorney can vary significantly from state to state in the United States. Some states have specific restrictions or requirements that may affect your choice of agent. For example:
1. Age requirements: While most states require the agent to be at least 18 years old, some states may have higher age thresholds.
2. Residency: Some states may require the agent to be a resident of the same state as the principal (the person creating the POA).
3. Felony convictions: Certain states may prohibit individuals with felony convictions from serving as POA agents.
4. Capacity: All states require the agent to be mentally competent and capable of fulfilling their duties.
5. Institutions: Some states may have restrictions on naming certain institutions, such as nursing homes or care facilities, as agents.
Given these state-specific variations, it’s essential to consult with a local estate planning attorney who is familiar with your state’s laws. They can provide guidance on any particular restrictions or requirements that may apply in your jurisdiction, ensuring that your power of attorney document is valid and enforceable.
Additionally, it’s worth noting that some states allow for the appointment of co-agents or successor agents. Co-agents can act together or independently, depending on how the POA is drafted, while successor agents can step in if the primary agent is unable or unwilling to serve. These options provide flexibility and can help ensure continuity in the management of your affairs.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.