When choosing an attorney-in-fact for your Durable Power of Attorney concerning your property and financial matters, consider the following:
- Can this person legally act as your attorney-in-fact? An attorney-in-fact must be at least 18 years old and have the mental capacity to make decisions.
- Is this person willing and able to serve? Before you appoint your attorney-in-fact speak with them and obtain their permission.
- Will this person be available? Does this person live nearby or out of state. Does the person have other duties and responsibilities that would prevent him or her from serving.
- Does this person have the necessary skills? This will depend on the complexity of your financial affairs. Make sure the person possesses the necessary skill set to serve your interests.
- Will this person act for your benefit? Do you trust this person to act only in your best interest and not in his or her own interest?
- Will this person be able to handle conflict? Make sure your attorney-in-fact can handle conflict that might arise if loved ones or others disagree about your affairs.