Who can act as an agent in a Power of Attorney (POA), and how should the right person be chosen?

 An agent in a Power of Attorney (POA), also known as an attorney-in-fact, can be almost any competent adult who is legally capable of managing responsibilities. This may include a family member, close friend, business partner, or even a professional such as a lawyer or financial advisor. However, eligibility alone is not enough; the selection of an agent is one of the most important decisions in the entire POA process.

The primary requirement is legal competence, meaning the agent must be of sound mind and able to understand and perform the duties assigned. In some jurisdictions, professionals like legal advisors may have additional regulatory obligations if they act as agents, especially in financial or property-related matters.

Choosing the right agent depends largely on trust, reliability, and capability. Since the agent may be given authority over sensitive matters such as bank accounts, property transactions, or medical decisions, the principal must ensure that the chosen person is not only trustworthy but also responsible and organised. Emotional closeness alone is not always sufficient; practical judgment matters more.

It is also important to consider the agent’s availability and location. If the POA involves urgent or ongoing responsibilities, the agent should be easily reachable and capable of acting promptly. For international or long-distance arrangements, selecting someone who can handle documentation and communication efficiently becomes crucial.

In more complex cases, principals may appoint multiple agents to share responsibilities or require joint decision-making. While this can provide additional security, it may also create delays if disagreements arise between agents. Therefore, clarity in the POA document is essential.

The agent must also understand that they are bound by a fiduciary duty, which legally requires them to act in the best interest of the principal at all times. Any misuse of authority can lead to legal consequences, including financial liability or criminal charges.

Ultimately, selecting an agent should be a careful and well-considered decision. A poorly chosen agent can create serious legal and financial risks, while a reliable one ensures smooth and secure management of the principal’s affairs.