The decision on who should be your agent for your power of attorney is usually a fairly easy one. Most people will usually select their spouse or a close friend or family member. However, the more difficult question is who does a person want to serve as the successor agent in the event that the agent is unwilling or unable to serve.
It is strongly advised that you name a successor agent in the event that the agent is unwilling or unable to serve. Your agent may die, become incapacitated or simply may not wish to serve for any reason. If your agent is unwilling or unable to serve, an interdiction proceeding will have to be filed to appoint you a guardian to administer your person and property if you failed to name a successor agent.
Therefore, always name a back-up successor agent in your power of attorney. Never assume that an agent will be willing or able to serve as your agent when and if you lose capacity.
If you have any questions concerning Powers of Attorney, consult an experienced estate planning attorney.
Kent S. DeJean