• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • Speaker Connection
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate Planning Services
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Wills & Trusts
  • Elder Law
    • Coping with Alzheimer’s
    • Guardianship and Conservatorship
    • Medicaid Crisis Planning
    • Medicaid Planning
  • Seminars
  • Webinars
  • Resources
    • Communities We Serve
      • Keller, Texas
    • Elder Law Resources
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
    • Estate Planning Resources
      • 3 Reasons to Create a Trust
      • Estate and Gift Tax Figures
      • Estate Planning Articles
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Estate Planning Worksheet
      • Is Your Estate Plan Outdated?
    • Free Consultation
    • Free Estate Planning Seminars
    • Frequently Asked Questions
      • Estate Planning
      • Trust Administration & Probate
    • Newsletters
    • Our Client Care Program
    • Pre Consultation Form
    • Professional Resources
      • Educational Alerts
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog

McGee Law Firm

Your Resource for Estate Planning, Elder Law and Medicaid / VA Planning

Call Us Today 817-899-3286
  • Facebook
  • Instagram
  • LinkedIn
  • YouTube
Attend a Free Seminar
Home / Estate Planning / Your Role as Agent in Power of Attorney

Your Role as Agent in Power of Attorney

June 15, 2022 by Brandon McGee

Many times, clients name someone they trust as the agent in their power of attorney. It’s often a new role for some people; they’re unsure of what’s expected of them and what it means for them and their relationship with our client. If you have recently been named as an agent under a power of attorney, here are a few important truths about this new role. Of course, the first thing you should do is read the document so that you understand the duties associated with managing the principal’s decisions in either a financial or medical power of attorney.

Your Role in the Power of Attorney

First, don’t let the verbiage confuse you. An “agent” or “attorney in fact” are used interchangeably. It is simply a person named by another to manage the other person’s medical or financial affairs if that person is unable to do so. That person making the designation is called the “principal.” When the agent accepts the responsibility and authority granted under the power of attorney, a legal relationship is created between the agent and principal, complete with legal duties on the agent. Keep in mind – this role is voluntary and if you are uncomfortable in taking it, you should decline when asked.

The document will spell out the details, such as when the power of attorney takes effect.
If it’s a springing power of attorney , it takes effect if and when an event that’s spelled out in the document takes place. Usually, it’s when the principal becomes incapacitated and cannot make decisions for himself.

If it’s a standing power of attorney , it goes into effect when the principal signs it.
Also, there are times when a power of attorney goes into effect only if the spouse is unable to fill the role.

Responsibilities

If you are unsure about your responsibilities, you should consult an experienced estate planning attorney. A few of your responsibilities will likely include acting in good faith and remaining diligent in your efforts, avoiding conflicts that could present as ulterior motives, making solid decisions on behalf of the principal, not overriding the wishes of the principal and keeping the principal’s documents, financial information and money separate from your own. You must maintain scrupulous records and documents and be prepared to present them when asked. These are just a few of the responsibilities you may have in your role.

There are a number of dynamics that come together to define a unique power of attorney, but that’s important; no one’s needs are served if they can’t be customized to fit the needs of the principal.

Many people fear that the power of attorney will give them too much power – and too much pressure. As the agent, your responsibilities are spelled out in the document. The person who chose you trusts you to carry out their wishes. While it’s an important role, it’s not one that should cause stress. Your role is simply to protect the one who selected you. Not only that, but in most cases, a principal may change his or her mind and revoke a power of attorney at any time. All the principal needs to do to revoke a power of attorney is send a letter to the agent notifying the agent that the appointment has been revoked.

If you’d like to learn more about powers of attorney, contact our offices today.

  • Author
  • Recent Posts
Brandon McGee
Brandon McGee
Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.
Brandon McGee
Latest posts by Brandon McGee (see all)
  • The Not-So Transparent Corporate Transparency Act - March 28, 2023
  • Medicaid Planning: There’s a Right Way and a Wrong Way - March 23, 2023
  • Preparing Your Estate Plan: What You Need to Know - March 22, 2023

Filed Under: Estate Planning

About Brandon McGee

Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.

Primary Sidebar

Blog Subscription

Sign up for our estate planning blog to receive all of our latest news and updates!

  • This field is for validation purposes and should be left unchanged.

Follow us

  • Facebook
  • Instagram
  • LinkedIn
  • YouTube

TESTIMONIALS

Client Review
May 25, 2021
    

Brandon McGee is knowledgeable, experienced and professional regarding Estate Planning. The entire process of multiple meetings to establish our input, draft and sign documents and fund the Trust were well organized and clearly explained. At completion, we were presented with a very well organized binder with the documents (both paper and electronic) and lists for future action.  In short, we find Brandon McGee and his staff to be competent, professional and friendly. ~ Brian C.

default image
Brian C.

Fort Worth Address

Fort Worth
810 W. 10th Street
Fort Worth, TX 76102
United States (US)
Phone: (817) 899-3286
See Larger mapGet Directions

Fort Worth Map

map

Southlake Address

Southlake
101 River Oaks Dr., Ste. 110
Southlake, Texas 76092
United States (US)
Phone: (817) 899-3286
See Larger mapGet Directions

Footer

  • Advantages of Working With our Firm
  • About the American Academy
  • Disclaimer
  • Sitemap
  • Contact Us

Connect to Us

  • Facebook
  • Instagram
  • LinkedIn
  • YouTube
footer logo

© 2023 McGee Law Firm
All Rights Reserved