Choosing the best person for your Power of Attorney (POA) is one of the most important decisions you can make to ensure your affairs are managed according to your wishes if you become unable to do so yourself. Generally, the ideal attorney is someone you trust deeply, who is responsible, capable, and willing to act in your best interests. This could be a close family member, a trusted friend, or a professional such as a solicitor. The key is to appoint someone over 18 who has the mental capacity to make sound decisions and who understands your values and preferences.
Who Makes the Best Power of Attorney?
1. Trustworthiness and Integrity
The most crucial quality in a POA is trust. Your attorney will have significant control over your finances, health, and legal matters, so you must be confident they will act honestly and in your best interests. This means choosing someone with a proven track record of reliability and ethical behaviour.
2. Financial Responsibility and Competence
If your POA covers property and financial affairs, the person should be financially responsible and organised. They need to manage bills, bank accounts, investments, and potentially property transactions. Someone who manages their own finances well and understands the importance of keeping accurate records is ideal.
3. Willingness and Availability
Being an attorney can be demanding, so it’s important to choose someone willing to take on the role and able to devote the necessary time. Consider their proximity to you, work commitments, and whether they can respond promptly to urgent matters.
4. Decision-Making Ability and Calmness Under Pressure
Your attorney may face complex or stressful situations requiring sound judgment and calm decision-making. They should be able to weigh options carefully and act decisively while respecting your wishes.
5. Understanding Your Values and Wishes
Especially for health and welfare decisions, your attorney should understand your values and preferences. Open communication about your wishes ensures they can make decisions aligned with what matters most to you.
6. Multiple Attorneys and How They Work Together
You can appoint more than one attorney. You must decide if they will act jointly (all must agree) or jointly and severally (each can act independently). Joint attorneys must cooperate well, so appoint people who have a good relationship to avoid conflicts.
7. Professional Attorneys
If you do not have a suitable family member or friend, or want impartiality, you can appoint a professional such as a solicitor or a firm specialising in powers of attorney. Professionals are experienced in managing legal and financial matters and are bound by regulatory standards, but their services usually come with fees.
8. Legal Restrictions
For a Lasting Power of Attorney (LPA) covering property and financial affairs, attorneys cannot be bankrupt or subject to a Debt Relief Order. They must be over 18 and mentally capable.
Should I choose a family member or a professional as my power of attorney?
Choosing between a family member or a professional as your Power of Attorney (POA) depends on your personal circumstances, the complexity of your affairs, and the qualities you need in an attorney.
Family Member as POA:
Many people choose a close family member because they know you well, understand your values, and are likely to act in your best interests. Family members often have a personal commitment and emotional motivation to manage your affairs carefully. However, family dynamics can sometimes complicate decision-making, and relatives may not always have the time, skills, or emotional detachment needed to handle complex financial or health matters effectively.
Professional as POA:
Appointing a professional, such as a solicitor or financial advisor, can be beneficial if your situation involves complicated finances, potential family conflicts, or if you lack a trusted family member willing or able to act. Professionals bring expertise, impartiality, and are regulated, which offers additional protection. They are trained to manage legal and financial responsibilities efficiently and are often more available for urgent decisions. However, professional attorneys usually charge fees, so cost is a factor to consider.
Key Considerations:
- Trustworthiness, responsibility, and availability are essential qualities regardless of who you choose.
- Discuss your wishes openly with your chosen attorney to ensure they understand and accept the role.
- You can appoint more than one attorney, including a mix of family and professionals, and specify whether they act jointly or separately.
- Consider appointing replacement attorneys in case your first choice cannot act.
If you have a reliable, responsible family member who understands your wishes and can commit the time, they often make a good POA. If your affairs are complex or family relationships are strained, a professional attorney may provide the expertise and impartiality you need.