Redding, California, Law Blog

Naming an attorney-in-fact

On Behalf of | May 8, 2023 | estate planning

An attorney-in-fact is usually the person holding your power of attorney documents. People in California can name someone to do specific tasks or let them have the authority to act on your behalf if you become incapacitated. The responsibilities of the attorney-in-fact end at the time of your death. Since this person makes decisions for you, choosing the right person for this role is vital.

Good business sense

Since the attorney-in-fact acts on your behalf in business and legal dealings, it is essential to choose someone who is business smart. This can be a friend, family member or paid professional.

Lives close to you

While not mandatory, choosing someone who lives near you can be helpful. Therefore, they can easily get to financial institutions and other locations to act on your behalf regularly. When creating your estate plan, consider selecting someone who will see you regularly if you become incapacitated as they will need to oversee your care.

Earned your confidence

Select someone you know to be trustworthy. You should talk to others about the individual. If you are considering naming a professional, then double-check their reviews.

Has time

Managing the affairs of another person is time-consuming. Some people who would make an outstanding attorneys-in-fact do not have the time to fulfill the role. Therefore, you should look for someone with time flexibility.

It is vital to choose a good attorney-in-fact because they act on your behalf. The court system looks at their actions like you signed documents or carried out duties yourself. Therefore, you should select the individual very carefully.