Who Should I Appoint as My Attorney-in Fact Under a Durable Power of Attorney?


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.