Should I talk with the person I intend to appoint before completing a durable power of attorney?
It is recommended that you talk to the person that you’re appointing as the agent under your power of attorney to make sure that they’re comfortable with making this decision. If you have your spouse, they’re going to know that you’re doing this, but if you have a child that you’re appointing, you’re going to want to make sure that they understand they have to act in your best interest, and that they have responsibility to make sure that these assets that they’re now going to assist you with are going to be used for your benefit, and that another child won’t be able to say, “Oh, let me do this with these assets. I’m going to care for mom,” or the like. This person has to be trusted, and they have to want to take on that responsibility, because it’s a very large responsibility, and they are charged with many obligations under the law to make sure your assets are used for your benefit.