How Do I Choose an Agent for Power of Attorney?

Naming an agent under a power of attorney is one of the most consequential decisions in your estate plan. You are handing another person the ability to act on your behalf, so the choice deserves real thought rather than a reflexive answer.

What You Are Actually Handing Over

When you sign a power of attorney, you name an agent to act in your place. Depending on the document, that agent may be able to manage your bank accounts, pay your bills, handle your property, deal with your investments, and more. Washington law defines the agent simply as the person granted authority to act for the principal, under RCW 11.125.020. Because that authority can be broad and because it can continue even after you lose the ability to supervise it, the trustworthiness and capability of your agent matter more than almost anything else in the document.

Your Agent Is a Fiduciary

The most reassuring thing to understand is that Washington does not leave your agent free to do as they please. An agent who accepts the appointment is a fiduciary, held to legal duties spelled out in RCW 11.125.140. Under that statute, an agent who has accepted appointment must act in accordance with your reasonable expectations to the extent the agent actually knows them and otherwise in your best interest, must act in good faith, and must act only within the scope of authority granted in the power of attorney.

The statute goes further. Except as the document provides otherwise, the agent must act loyally for your benefit, avoid conflicts of interest that impair the agent's ability to act impartially in your best interest, act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances, and keep a record of all receipts, disbursements, and transactions made on your behalf, all under RCW 11.125.140. That record keeping duty is especially valuable, because it means an honest agent has a paper trail and a dishonest one has a harder time hiding.

These duties are meaningful, but they are not a substitute for choosing well. A fiduciary duty gives your family a legal remedy if things go wrong. Choosing the right person in the first place keeps things from going wrong at all.

Trustworthiness Comes First

Because your agent may have wide authority over your money, integrity is the first quality to look for. Ask yourself whether this person has consistently shown honesty in handling their own affairs and in dealing with others. Consider how they treat money, whether they keep their commitments, and whether you would be comfortable with them seeing the full picture of your finances. The law expects good faith and loyalty from an agent, but you want a person who would act that way even if no one were watching.

Capability Matters Too

Trust alone is not enough. Your agent needs the practical ability to handle the tasks involved. Managing finances, dealing with banks and institutions, keeping records, and making sound decisions under pressure all take a certain level of organization and competence. Washington's standard of care actually rises when an agent is chosen for special skills. If you select someone because of particular expertise, that expertise is considered in judging whether they acted with care, competence, and diligence, under RCW 11.125.140. A person who is honest but overwhelmed by paperwork or intimidated by financial matters may struggle in the role, even with the best intentions.

Consider Availability, Proximity, and Willingness

Practical logistics count. An agent who lives nearby, perhaps here in Snohomish County, may find it easier to visit banks, handle property, and respond quickly when something needs attention. Someone across the country can still serve, but distance can add friction. Just as important, the person should be willing to serve. Talk to your intended agent before naming them. Make sure they understand the responsibility and are prepared to take it on. An agent who is surprised by the role is not set up to succeed.

Watch for Conflicts of Interest

The law directs an agent to avoid conflicts that impair impartial action in your best interest, under RCW 11.125.140. When you choose, think about whether the person has interests that might collide with yours. Family dynamics, business entanglements, or financial pressures can all create tension. This does not automatically disqualify a close relative, and many people name a spouse or an adult child. It simply means you should choose with your eyes open and, where helpful, structure the document to reduce the chance of conflict.

Always Name a Successor

One of the most common and costly oversights is naming only a single agent. People move, get sick, pass away, or simply become unable or unwilling to serve when the time comes. If your only named agent cannot act and there is no backup, your family may be left seeking a court appointed alternative, which is exactly the outcome a power of attorney is meant to prevent. Naming one or more successor agents keeps your plan working even if your first choice cannot step in. Washington's definition of agent expressly contemplates successor agents, under RCW 11.125.020, so building in a backup is both allowed and wise.

Should You Name More Than One Agent at Once?

Some people consider naming two agents to serve together, hoping the arrangement provides a check on each. That can work, but it can also cause gridlock if the two disagree or if institutions are unsure how to handle joint authority. If you go this route, the document should be clear about whether they must act together or may act independently. Often a cleaner approach is one primary agent with a named successor, which avoids day to day friction while still providing backup.

Making the Decision With Confidence

Choosing an agent comes down to a blend of trust, capability, availability, and a clear line of succession. The right person is someone who will act honestly and loyally, who has the competence to do the job, who is willing to serve, and who is backed up by a successor in case life intervenes. Washington's fiduciary rules provide a safety net, but the strength of your plan still rests on the choice you make.

If you would like help thinking through who should serve as your agent and how to structure your power of attorney to protect you, the Law Office of Chad Foster works with families across Snohomish County to make these decisions with clarity. Reach out whenever you are ready to talk it through.