The most important decision in a continuing power of attorney is who the attorney will be. This is the person who will manage your money, your living arrangements and sometimes your medical care, at a time when you cannot supervise him. The choice deserves time and thought.
Who cannot be an attorney?
- A person under 18, a person who has a guardian, or a person whose own continuing power of attorney has already come into force.
- A paid caregiver (medical, nursing, social or rehabilitation) or someone who provides you with paid housing, unless he is a relative.
- The lawyer who prepared the power of attorney.
- Someone who already serves as attorney for three people who are not his relatives.
- For property matters: a bankrupt who has not been discharged, or someone declared a severely restricted bank customer.
The attorney must also agree to the appointment and sign. You cannot appoint someone without his knowledge.
What to look for
- Trust and integrity, above all.
- Availability and proximity: someone living abroad will find daily matters difficult. See continuing power of attorney when you live abroad.
- Management ability, especially with property, investments or a business.
- Familiarity with your values, especially for medical decisions.
- Relationships with the rest of the family: an appointment likely to cause conflict deserves careful thought.
One attorney or several?
You can appoint more than one attorney, for example two children. In that case decide whether they act jointly or each alone, and what happens when they disagree. You can also divide areas: one child for medical matters, another for finances.
Why appoint a substitute?
The attorney may become ill, resign, move abroad or be unavailable. Without a substitute, a guardian may eventually be needed, exactly what you wanted to avoid. We almost always recommend appointing at least one substitute attorney.
What about oversight?
Even an attorney you fully trust benefits from transparency. You can appoint an informed person to receive reports, and decide whether the attorney is entitled to a fee. On his obligations see the duties of the attorney.
Where do you go from here?
Every person and every family is different, so a good continuing power of attorney is built around the assets, the family relationships and the wishes of the person granting it. At Paz Israel & Co. Law Office we draft continuing powers of attorney and advance directives, and we also support families when the document comes into force. For more information see our continuing power of attorney page, or contact us to schedule a meeting.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.