How to Choose the Right Person for Your Power of Attorney

Emma Wardrop
Apr 18
3 min read

When planning for the future, designating a Power of Attorney (POA) is one of the most significant decisions you can make. A Power of Attorney is a legal document that grants someone the authority to act on your behalf in specific situations, such as managing finances, making healthcare decisions, or handling legal matters. Selecting the right person for this role is crucial to ensuring your wishes are carried out faithfully and effectively. At Thomas Bradley & Co., we understand the complexities of this decision and are here to guide you through the process.

What is a Power of Attorney?

A Power of Attorney is a legal tool that allows you (the "principal") to appoint someone (the "agent" or "attorney-in-fact") to make decisions or take actions on your behalf. This arrangement can be tailored to specific needs, such as:

General Power of Attorney: Grants broad powers to the agent, such as managing finances, signing documents, and handling business transactions.
Special or Limited Power of Attorney: Restricts the agent’s authority to specific tasks, such as selling a property or managing a bank account.
Lasting Power of Attorney: Remains in effect if the principal becomes incapacitated.
Medical Power of Attorney: Grants authority to make healthcare decisions if the principal cannot do so themselves.

Understanding the type of POA you require is the first step in selecting the right agent.

Key Considerations When Choosing a Power of Attorney

Choosing the right person to serve as your Power of Attorney involves assessing several critical factors:

1. Trustworthiness

The most important quality in a POA agent is trustworthiness. This person will have significant control over your personal affairs and assets. You must feel confident that they will act in your best interest, follow your instructions, and avoid conflicts of interest.

2. Financial Responsibility

If the POA involves financial management, the agent should demonstrate sound financial judgement. Look for someone who manages their own finances responsibly and understands the importance of record-keeping and accountability.

3. Availability and Willingness

The ideal agent should be readily available and willing to take on the responsibilities of the role. Consider their proximity to you, their work commitments, and their ability to respond promptly in urgent situations.

4. Decision-Making Skills

An effective POA agent should have strong decision-making abilities. They may need to handle complex situations, weigh options carefully, and act confidently under pressure.

5. Understanding of Your Values

Your agent should have a clear understanding of your values and wishes, especially for healthcare decisions. Open communication about your preferences ensures they can act in alignment with your goals.

6. Ability to Handle Stress

Serving as a POA can be emotionally and mentally taxing. Choose someone who can handle stress and maintain a level head in challenging situations.

Who Can Serve as a Power of Attorney?

Legally, a POA agent must be:

At least 18 years old (or the age of majority in your jurisdiction).
Mentally competent at the time of appointment.
Not currently bankrupt or otherwise legally restricted in handling financial matters (if managing finances is part of their role).

Beyond these basic qualifications, you can choose anyone who meets your criteria, including:

Family members, such as a spouse, adult child, or sibling.
Close friends.
Professional fiduciaries, such as solicitors, accountants, or trust companies (for financial POAs).

Resources for Support

If you need assistance with creating or updating a Power of Attorney, Thomas Bradley & Co. is here to help. Contact us today to schedule a consultation and take the next step in securing your future. Additionally, organisations like [Your Local Legal Aid Society] or [Elder Law Resources] offer valuable information and support for estate planning.

Final Thoughts

Choosing the right person for your Power of Attorney is a deeply personal decision that requires careful consideration. By prioritising trust, responsibility, and alignment with your values, you can ensure that your affairs are in capable hands. At Thomas Bradley & Co., we’re committed to providing expert guidance to help you make informed decisions and protect your legacy.