6 Questions for Your Power of Attorney Agent

Choosing someone to be your power of attorney agent is one of the important decisions you'll make in your estate planning journey. It's also one that many Ohio families rush through without having the crucial conversations that could prevent future family conflicts, financial mishaps, or worse. Your power of attorney agent will literally have the legal authority to make crucial decisions on your behalf. That's a big responsibility – for both of you. The good news? Having the right conversations upfront can make all the difference.

Here are six essential questions you need to ask your potential power of attorney agent before you sign those documents. Trust me, taking the time now will save everyone stress later.

Question 1: "Do You Really Understand What You're Agreeing To?"

This might sound obvious, but you'd be surprised how many people agree to be someone's power of attorney agent without fully grasping what they're signing up for. Your agent needs to understand that they're taking on a fiduciary duty – which is legalese for "you have to put my interests first when using this power, always."

What does this mean in real terms? Your agent will need to:

• Keep detailed records of every financial transaction they make on your behalf
• Make decisions based on what's best for you, not what's convenient for them
• Stay within the specific powers you've given them (no freelancing!)
• Communicate regularly with you and your family about important decisions

Make sure your potential agent knows this isn't just helping out a friend or family member – it's a legal responsibility that courts take seriously.

Question 2: "Are You Prepared to Handle Family Drama?"

Here's something they don't tell you in those generic power of attorney forms: family dynamics can get messy fast when someone becomes incapacitated. Your agent might find themselves caught between siblings who disagree about your care, or dealing with family members who question their decisions.

Ask your potential agent:

• How would you handle it if my other family members disagree with a decision you make?
• Are you comfortable standing your ground when you believe you're acting in my best interests?
• Can you remain calm and rational during emotional, high-stress situations?

If your potential agent gets uncomfortable just talking about conflict, they might not be the right choice. You need someone who can stay focused on your needs even when emotions run high.

Question 3: "What Decisions Are You Comfortable Making?"

Not everyone is cut out to make every type of decision. Some people are great with financial matters but squeamish about healthcare choices. Others are natural caregivers but wouldn't know a stock portfolio from a to-do list.

Walk through the specific powers you're considering granting:

• Financial decisions: Paying bills, managing investments, buying or selling property
• Healthcare choices: Medical treatments, living arrangements, end-of-life care
• Legal matters: Signing contracts, dealing with insurance companies, tax issues

Be honest about your agent's strengths and limitations. It's perfectly fine to have different people handle different areas – in fact, it's often better that way.

Question 4: "Can You Commit the Time This Might Require?"

Being a power of attorney agent isn't a once-in-a-while favor. Depending on your situation, it could require weekly or even daily attention. Your agent needs to understand the time commitment and honestly assess whether they can handle it alongside their own responsibilities.

Consider asking:

• Do you have the time to manage my affairs properly?
• What would you do if this responsibility conflicts with your work or family obligations?
• Are you prepared for this to potentially last for years?

If your first choice is a busy executive who travels constantly or a new parent juggling three kids under five, you might want to consider alternatives or backup options.

Question 5: "How Will We Stay in Communication?"

This is huge, and it's where a lot of power of attorney relationships go sideways. Your agent needs to keep you in the loop about decisions (when you're able to be involved) and should also maintain open communication with trusted family members.

Establish expectations about:

• How often you want updates about financial decisions
• Which family members should be kept informed
• What kinds of decisions require consultation versus independent action
• How urgent matters should be handled

Some families set up regular check-ins, while others prefer updates only when significant decisions arise. Figure out what works for your family and make it clear from the start.

Question 6: "Do You Have Any Concerns or Questions About This?"

This is your chance to have an open, honest conversation about any worries or hesitations your potential agent might have. Maybe they're concerned about family relationships, worried about making mistakes, or uncertain about specific aspects of the role.

Creating space for these concerns accomplishes two important things:

• You get insights into potential problems before they become actual problems
• Your agent feels heard and supported, which sets up a better working relationship

Some common concerns include:

• "What if I make the wrong decision?"
• "How will other family members react?"
• "What happens if I accidentally do something that costs money?"
• "Am I personally liable for decisions I make?"

Address these concerns honestly and consider discussing them with an estate planning attorney who can provide specific guidance for your situation.

Getting Professional Help with Your Power of Attorney

Setting up a power of attorney isn't just about filling out forms – it's about creating a plan that protects you and your family while giving your agent the tools they need to help you effectively. The conversations we've outlined here are just the beginning.

Working with an experienced estate planning attorney can help you navigate the specific requirements in Ohio, draft documents that clearly outline your agent's powers and limitations, and create safeguards that protect everyone involved.

Moving Forward with Confidence

Having these six conversations might feel awkward at first, but think of them as an investment in your family's peace of mind. The time you spend now clarifying expectations, addressing concerns, and ensuring everyone's on the same page will pay dividends later when your power of attorney actually needs to take action.

Remember, choosing the right power of attorney agent isn't about picking the person you like best or the one who volunteers first. It's about selecting someone who truly understands the responsibility, has the skills and time to handle it properly, and shares your values when it comes to important decisions.

Take your time with this decision, have these important conversations, and don't be afraid to seek professional guidance. Your future self – and your family – will thank you for taking care of this properly from the start.

If you're ready to start the power of attorney process or have questions about estate planning in Ohio, we're here to help. Sometimes having an experienced guide makes all the difference in getting this important protection in place.