Who Can Act As an Agent Under a Power of Attorney?

You should consider possible incapacity when you are planning your estate. If you do nothing to prepare for this contingency, the state could ultimately appoint a conservator to manage your affairs if you do become incapacitated. On the other hand, you could proactively avoid this fate if you were to execute legal documents called durable powers of attorney. A durable power of attorney (POA) is used for incapacity planning purposes because this specific type of POA would remain in effect if the grantor of the device was to become incapacitated. If a power of attorney is not durable, it would cease to be effective upon the incapacitation of the grantor. The representative that you name to act on your behalf in a durable power of attorney is called the agent or attorney-in-fact. Because the representative is sometimes called the attorney-in-fact, some people think that the agent must be a lawyer. In fact, this is not the case. Any adult who is of sound mind who is willing to take on th


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