Choosing the Right Person for Power of Attorney: Tips for Protecting Your Interests

Power of attorney (POA) allows someone to act on your behalf (Florida Statute Chapter 709). Granting someone power of attorney in Florida gives them significant control over your financial, legal, or health-related decisions. The person you select should be trustworthy, capable, and willing to act in your best interests at all times. Here, our Fort Lauderdale estate planning attorney provides tips for choosing the right person for your POA in Florida. 

Five Considerations for Choosing the Right POA in Florida

1. You Need to Choose an Agent Who is Trustworthy

Trust is arguably the most important trait in an agent (the person to whom you give your power of attorney). A POA agent has authority over your legal, financial, and sometimes health-related matters. Florida Statute Chapter 709 makes clear that an agent must act in your best interest, but the law cannot replace loyalty. Of course, you do not want to run into any problems. 

You need someone who has demonstrated honesty and integrity in all areas of life. A trustworthy person will not take advantage of you during vulnerable moments. Instead, they will protect your interests with the care they would use for their own. Do not overlook this factor when making your decision. Indeed, it is the foundation of your protection.

Summary: If you do not fully trust a person, do not make them your power of attorney. 

2. You Need a Person With Financial and Legal Competence

As important as trustworthiness is, it is not sufficient for a person to be the right choice or to have a power of attorney. Managing another person’s affairs can be complicated. The right POA should understand financial management, legal documents, and basic recordkeeping. Even if they are not an attorney or accountant, they should be comfortable reading contracts, balancing accounts, and following instructions. Florida courts expect agents to carry out duties with reasonable care and skill. 

If your agent lacks organizational ability or struggles with paperwork, mistakes could cost you money or create legal problems. With that in mind, you should choose someone capable of handling complex matters with confidence. Competence helps ensure that your assets and responsibilities are managed responsibly, accurately, and in line with your wishes. 

Summary: Make sure that you select an agent who has demonstrated some financial skills. 

3. A Person Should Be Fully Willing to Take on the Role

Imagine that a person is trustworthy, responsible, and has strong financial skills. Are they a great choice for your power of attorney? They can be, but only if they are actually willing to do the job. Authority under a POA is not just a privilege; it is a responsibility. The person you choose should not only be capable but also willing to step into the role. A reluctant or resentful agent may delay important decisions or fail to act in emergencies. 

Before naming someone in Florida, have an open conversation about what the role requires and confirm they are comfortable with the duty. You need to have an open conversation. If they seem reluctant to take on the role, they are probably not the right choice for your needs. Willingness helps to ensure that your agent sees the position as an act of service, not a burden. Someone fully committed will be far more likely to carry out your wishes faithfully.

Summary: You should pick someone as your POA who is willing to take on the responsibility. 

4. You Should Generally Pick a Florida resident Who is Local to Your Home 

In Florida, many disputes arise because an agent lives too far away to act quickly. If your chosen POA resides across the country, they may not be able to sign documents, attend meetings, or handle urgent matters promptly. Proximity and availability matter. While modern technology allows for remote decision-making, certain tasks still require local presence. A person who lives on the other side of the country, or even the other side of the state, may struggle with the responsibilities of a POA. For that reason, choosing someone who lives nearby is often the best approach. It increases the likelihood that they can manage your affairs smoothly. If the best candidate lives far away, you should consider naming a co-agent or backup who is closer and able to assist as needed. 

Summary: For most people, the right POA is someone who lives in the area. 

5. You Want a POA Agent Who is Aligned With Your Goals

Finally, your POA should understand and respect your values. Decisions about health care, finances, or even end-of-life care are deeply personal. If your agent disagrees with your beliefs or priorities, conflict may arise. Florida law obligates agents to follow your instructions, but it helps if they already share your outlook. For example, if you are cautious about debt, your POA should respect that mindset. If family is your top priority, they should act accordingly. Choosing someone aligned with your values provides peace of mind that decisions will reflect not only the law but also your life philosophy.

Summary: A person who shares values with you is often a great choice for a POA. 

Why Trust Our Fort Lauderdale Estate Planning Lawyer

You need the right POA for your specific situation. Choosing the right power of attorney is an important part of setting up a comprehensive, effective estate plan. You do not have to figure out everything on your own. At The Law Offices of Odelia Goldberg, we put people and families first. With extensive experience handling POA and other estate planning matters, our team has the knowledge, skills, and expertise that South Florida families can rely on. 

Contact Our Fort Lauderdale Estate Planning Attorney Today

At The Law Offices of Odelia Goldberg, our Fort Lauderdale estate planning attorney is standing by, ready to help. If you have any questions about selecting the right person to serve as your power of attorney in Florida, please don’t hesitate to contact us for a confidential consultation. We provide estate planning services in Fort Lauderdale and throughout the region in South Florida.