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How to Choose the Right Power of Attorney in 5 Simple Steps

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January 9, 2026 •  Emily Hicks Law, PLLC
Selecting someone to act as your Power of Attorney (POA) is one of the most important decisions you make in your estate plan. This person may handle your finances, manage bills, make legal decisions, or—depending on the type of POA—assist with important medical choices if you’re unable to do so.

Selecting someone to act as your Power of Attorney (POA) is one of the most important decisions you make in your estate plan. This person may handle your finances, manage bills, make legal decisions, or—depending on the type of POA—assist with important medical choices if you’re unable to do so.

Because the role carries significant authority and responsibility, choosing the right person matters. Here’s a simple, step-by-step guide to help you make an informed decision.


Step 1: Understand the Different Types of Power of Attorney

Before you choose someone, be sure you know which role you’re assigning:

Durable Power of Attorney (Financial)

Allows someone to manage your finances if you become incapacitated.
Examples of tasks include:

  • Paying bills
  • Managing investments
  • Handling real estate
  • Filing taxes

Health Care Power of Attorney (Health Care Surrogate)

Allows a trusted person to make medical decisions on your behalf.

Limited or Specific POA

Grants authority for a specific task only—such as signing paperwork for a real estate closing while you’re traveling.

Knowing the type of POA helps you select the right person for the job.


Step 2: Choose Someone You Trust Completely

Trust is the number-one factor. Your agent should be:

  • Responsible
  • Honest
  • Organized
  • Able to act in your best interest
  • Emotionally steady under stress

Many people choose a spouse or adult child, but loved ones aren’t always the right choice. Pick the person who would manage your affairs thoughtfully and without personal conflict.


Step 3: Consider Their Skills and Availability

Not everyone is suited for every role. Ask yourself:

  • Are they financially savvy?
  • Do they understand your values and preferences?
  • Do they live close enough to handle tasks if needed?
  • Are they willing and able to serve?

Someone who is trustworthy but overwhelmed with work, caregiving, or travel may not be the best fit.


Step 4: Name a Backup (or Two)

Life is unpredictable—your first choice may become unavailable.
Always name:

  • A primary agent
  • A first alternate
  • A second alternate (optional, but recommended)

This built-in flexibility prevents delays and keeps the court from needing to step in.


Step 5: Communicate Your Wishes Clearly

Once you choose your agent:

  • Tell them you’ve selected them
  • Explain your goals and values
  • Discuss how you’d want financial and medical decisions handled
  • Let them know where your documents are stored
  • Make sure they know how to contact your attorney

Clear communication helps prevent confusion and conflict later.


Why This Step Matters in Your Estate Plan

Your Power of Attorney is your strongest protection in case of incapacity. Without it, your family may need to pursue court-supervised guardianship—an expensive, slow, and emotionally draining process.

Choosing the right agent now ensures:

  • Bills get paid
  • Assets are protected
  • Medical decisions reflect your wishes
  • Family conflict is minimized

Need Help Choosing the Right POA?

If you’re unsure who to select—or want help structuring your POA documents—our office can guide you through the options and help ensure your estate plan is both legally sound and personalized for your situation.

Book a call today.

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