Who Should Be Appointed Attorney-in-Fact?
It is easy to say that only a trusted person should be appointed to serve as attorney-in-fact. However, in actuality, the idea of giving broad powers to any person to act, even a trusted person, can be discomforting. Therefore it is extremely critical to choose someone wisely. Also, the person chosen must be willing to undertake the job and have good judgment and instincts. A favorite niece in Alaska may not be the right person because she lives far away and especially if she lacks experience. Business acumen is important, but more than that is needed. Common sense, a willingness to seek professional advice, and the ability to act in accordance with the known or presumed wishes of the principal rather than in a way that the attorney-in-fact thinks “is best” for the principal may be more important. Is it a good idea to designate more than one person as attorney-in-fact? Opinions differ on this question. If a person is for some reason unsure about the reliability or ability of a possible
