Choosing your power of attorney agents: Critical considerations for Idaho residents

When creating your estate plan in Idaho, selecting the right agents for your financial and medical powers of attorney is among the most consequential decisions you'll make. These individuals will have significant authority to make decisions on your behalf if you become incapacitated. Here's what Idaho residents should consider when making these important choices. 

Understanding the Different Types of Powers of Attorney 

First, it's important to recognize that financial and medical powers of attorney serve distinct purposes: 

• Financial Power of Attorney: Authorizes someone to manage your finances, pay bills, handle investments, and make other financial decisions. 

• Medical Power of Attorney: Empowers someone to make healthcare decisions on your behalf if you're unable to communicate your wishes. 

Key Considerations When Selecting Your Agents 

1. Trustworthiness and Integrity 

This may seem obvious, but it is absolutely fundamental. Your agent could have significant control over your finances or medical care. Choose someone who will act in your best interest, follow your directions faithfully, and resist any temptation to abuse their power. 

2. Coordinating or Separating Roles When Appropriate 

While you can name the same person for both financial and medical decisions, consider whether this is truly best. The skills needed for financial management differ from those required for medical advocacy. Sometimes dividing responsibilities plays to each agent's strengths. In other instances, if the person who will decide on your medical care cannot get along with the person who has control of the money to pay for that care, you have a problem. Family dynamics are complicated and a good estate planning attorney will ask you to think through pros and cons to using the same person or people in both financial and medical decision making roles.  

3. Geographic Proximity 

For medical decisions particularly, having an agent who lives nearby can be helpful. They can meet with doctors in person and respond quickly to emergencies. For financial matters, proximity is less critical in our digital age, but still convenient. In either case though, I always advise that it is better to have someone who is truly best for the job over someone who won’t be as good, but lives closer to you.  

4. Willingness to Serve 

Discuss the role with potential agents before naming them. The responsibilities can be demanding and time-consuming. Ensure they understand what's involved and are genuinely willing to take on the responsibility.  

5. Family Dynamics 

Consider how your choice might affect family relationships. While you should ultimately select the best person for the role, be mindful of how your choice might be perceived by others. In some cases, naming an impartial third party like a trusted friend or professional might prevent family conflict. 

6. Financial Acumen 

For financial matters, your agent should have basic financial literacy and organizational skills. They don't need to be a financial expert (they can hire professionals), but they should be capable of managing accounts, paying bills on time, and making prudent decisions. 

7. Appropriate Assertiveness in Medical Settings 

Your healthcare agent should be comfortable speaking with medical professionals, asking questions, and advocating for your wishes—even when faced with contrary opinions. Choose someone who can stay composed under pressure and ensure your voice is heard. 

8. Shared Values 

Particularly for healthcare decisions, select someone who shares or at least respects your values regarding medical care. Discuss your preferences about end-of-life care, quality of life, experimental treatments, and other significant healthcare matters to ensure they understand your wishes. 

9. Successor Agents 

Always name backup agents in case your first choice is unavailable or unable to serve. Idaho law permits this, and it is essential for ensuring continuity in your care and management of your affairs. 

10. Regular Review 

Your relationships and circumstances change over time. Review your power of attorney designations periodically to ensure they still reflect your wishes and current relationships. 

Final Thoughts 

In Idaho, as in most states, powers of attorney are foundational documents in your estate plan. While a will directs what happens after your death, powers of attorney protect you during your lifetime when you are most vulnerable. 

When properly selected, your agents provide peace of mind knowing that if you can't make decisions for yourself, someone you trust will step in, armed with legal authority and a clear understanding of your wishes. 

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning creating or reviewing estate planning documents.

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.