ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Durable Power of Attorney

Whom should I name as my agent under a durable power of attorney? Does the person have to be a lawyer?

Your agent does not have to be a lawyer. In most states, it can be any adult or an institution. However, it should be someone who knows you well and whom you trust completely to manage your affairs. After all, decisions made by your agent can have tremendous consequences for you. Your agent has to carry out your wishes and should always act as you would choose or with your best interests in mind. If there is no one whom you trust with this power, it may be best not to draw up a power of attorney. Other planning tools may suit you better.

You may name multiple agents who exercise all or some of the powers jointly (that is, all must agree) or separately (that is, any one may act). But only do this with great caution because disputes among agents can become a significant obstacle. With multiple agents, some process for handling disagreements among agents should be considered. In all cases, it is a good idea to name an alternate to serve as your agent in case your first choice becomes unavailable.