A durable power of attorney is an important legal tool that lets a person appoint someone else to handle their affairs when they can no longer do so themselves. Choosing the right attorney-in-fact is a significant decision that deserves careful thought: this is the person who will manage your money, your property, or your medical care at the most vulnerable point in your life. In this article we review the criteria for selecting an attorney-in-fact and give you the information you need to make an informed choice.
| Criterion | Importance | Notes |
|---|---|---|
| Trustworthiness | Very high | Choose someone you can trust completely. |
| Legal capacity | Necessary | The attorney-in-fact must meet the requirements of the law. |
| Communication skills | High | Important for maintaining good relations with the grantor and those around him or her. |
| Relevant expertise | Medium-high | Depends on the type of matters to be handled. |
| Availability | High | The attorney-in-fact should be available when needed. |
Key criteria for selecting an attorney-in-fact
1. Trustworthiness
When weighing the criteria for choosing an attorney-in-fact, trustworthiness sits at the top of the list. The attorney-in-fact will be responsible for significant decisions on your behalf, often without anyone looking over their shoulder, so you must be able to trust them fully.
2. Legal capacity
The law sets conditions the attorney-in-fact must meet. For example, he must be over the age of 18 and must not be under guardianship himself.
3. Communication skills
Communication skills are another important criterion. The attorney-in-fact will need to communicate effectively with the grantor, family members, and various professionals.
4. Relevant expertise
Relevant expertise is also worth considering. What you need from an attorney-in-fact varies with the type of matters to be handled. If complex financial affairs are involved, for example, consider appointing someone with a financial background.
5. Availability
Availability matters too. The attorney-in-fact should be reachable and able to act when needed.
Additional criteria to consider
6. Decision-making ability
The attorney-in-fact will have to make important decisions, sometimes under pressure, so the ability to decide clearly counts.
7. Familiarity with the grantor’s wishes
The attorney-in-fact needs to know the grantor’s values, wishes, and preferences well in order to act in line with them.
8. The relationship between the grantor and the attorney-in-fact
Consider the relationship itself. It should be built on mutual trust and respect.
9. Ability to handle stressful situations
The attorney-in-fact may find himself in difficult, sensitive situations and must be able to handle them in a calm, balanced way.
10. Integrity
The attorney-in-fact should be an honest person who always acts in the grantor’s best interest, without personal agendas.
Additional considerations when choosing an attorney-in-fact
Ability to work with others
Consider the candidate’s ability to work together with other people. The attorney-in-fact may need to cooperate with family members, doctors, lawyers, and other professionals.
Understanding legal documents
The attorney-in-fact will deal with various legal documents, so it matters that he or she can understand and interpret them.
Flexibility
The attorney-in-fact should be able to adapt to changing situations and adjust his actions accordingly.
Commitment
Weigh the candidate’s level of commitment as well. The role calls for a long-term commitment.
Maintaining confidentiality
The attorney-in-fact will be exposed to personal and sensitive information and must be able to keep it fully confidential.
The importance of legal advice
In family and legal matters, family law attorneys such as Adv. Avital Horef of Jerusalem can give professional advice on choosing an attorney-in-fact. They know the relevant laws and regulations well and can help you through the selection process.
Summary
The criteria for choosing an attorney-in-fact are many and varied: trustworthiness, legal capacity, communication, expertise, availability, judgment, and integrity. Weigh them all carefully and choose the person best suited to this important role. Remember that this decision can significantly affect your life in the years ahead, so give it the attention it deserves.
If you are still unsure how to choose an attorney-in-fact, consult a lawyer who practices in this field. They can give you further information and help you reach the best decision for you.
