Anyone You Trust Can Be Your Power of Attorney, With a Few Legal Limits
You can name almost anyone as your power of attorney — a family member, friend, business partner, or professional like an attorney or accountant. The person does not have to be a lawyer, does not have to live in your state, and does not have to ask permission before you name them. The only hard rules are that they must be at least 18 years old, mentally capable of understanding what the role means, and willing to accept it when the time comes.
Some states add one restriction: a few prohibit your bank employee or healthcare provider from serving as your power of attorney unless they are related to you by blood or marriage. This rule exists to prevent conflicts of interest. Beyond that, the choice is yours.
Key Takeaways
- Your power of attorney must be at least 18 years old and mentally capable of understanding the role, but does not need to be a lawyer or live in your state.
- You can name a family member, friend, professional, or anyone else you trust, and they do not need your permission to accept the role in advance.
- A few states prohibit bank employees or healthcare workers from serving as power of attorney unless they are related to you, to prevent conflicts of interest.
- You can name more than one person to serve together, or name alternates who step in if your first choice cannot or will not serve.
- The person you choose should understand they may have to prove your signature and their authority to banks, hospitals, and government offices.
What Makes Someone Legally Able to Serve
The baseline requirement is straightforward: your power of attorney must be an adult (18 or older in all states) and must have the mental capacity to understand what the job entails. They do not have to be a U.S. citizen, do not have to live near you, and do not have to have any special training or credentials.
Mental capacity means they can understand that they are being given authority to act on your behalf and that they have a duty to act in your interest. If someone is under a guardianship, declared incompetent by a court, or has been diagnosed with dementia or a similar condition that affects judgment, they cannot serve. Otherwise, the bar is low.
You do not need to ask the person's permission before you name them in your document. However, it is wise to tell them beforehand so they know what you are asking and can decline if they are not comfortable with the responsibility.
State Rules That Restrict Who Can Serve
Most states have no restrictions beyond age and mental capacity. However, a handful of states — including California, Florida, and a few others — prohibit certain people from serving as your power of attorney unless they are your spouse, parent, child, or sibling.
The most common restriction applies to your bank employee or healthcare provider. The rule is meant to prevent someone who profits from your account or medical decisions from having the power to make those decisions. If your accountant or financial advisor is not related to you, they typically cannot serve in most states, though they can in others. Check your state's law or ask an attorney if the person you want to name works in banking, insurance, or healthcare.
A few states also bar your power of attorney from being a notary public who notarizes your power of attorney document itself — this prevents the notary from having a financial stake in the document's validity.
Naming Multiple People or Alternates
You can name more than one person to serve as your power of attorney at the same time. They can serve jointly (meaning both must agree and sign off on every decision) or severally (meaning each can act independently without consulting the other). Joint service is safer if you want to prevent one person from acting alone; several service is faster if you need decisions made quickly.
You can also name successor or alternate agents — people who step in if your first choice dies, becomes incapacitated, declines the role, or resigns. This is common practice and gives you a backup plan. You can name as many alternates as you want, in order of preference.
If you name co-agents and one dies or becomes unable to serve, the surviving co-agent usually continues alone unless your document says otherwise. Read your document carefully to understand how it handles this situation.
Professional Agents: Attorneys, Accountants, and Corporate Fiduciaries
You can name a licensed attorney, certified public accountant, or professional fiduciary (a company that manages financial and legal matters for clients) as your power of attorney. They bring informed and are bound by professional ethics rules, but they typically charge a fee — either a flat rate, an hourly rate, or a percentage of your assets.
If you choose a professional, make sure you understand their fee structure before you name them. Some charge only when they actually exercise the power; others charge a retainer or annual fee. Ask in writing what you will owe and under what circumstances.
Professional agents are often a good choice if you have complex finances, own a business, or have no family member you trust with the responsibility. They are also useful as alternates — you might name a family member first, with a professional fiduciary as backup if the family member cannot serve.
What You Should Tell Your Power of Attorney Before Naming Them
Once you have decided who to name, have a conversation with that person. Explain what a power of attorney is, what decisions they may have to make, and what your wishes are. Tell them where you keep important documents, who your financial advisor or attorney is, and how to reach key people in your life.
Let them know they may have to prove their authority to banks, hospitals, government offices, and other institutions. Some places will ask to see the original power of attorney document, a certified copy, or proof of your signature. Your agent should be prepared for this and should keep a copy of the document in a safe place.
If you have specific instructions — for example, that they should not sell your home, or that they should prioritize your wishes over their own financial gain — write these into the document itself or in a separate letter. The clearer you are, the easier their job will be.
When Someone You Named Cannot or Will Not Serve
If the person you named as power of attorney dies, becomes incapacitated, or straightforward refuses the role, your successor agent (if you named one) takes over. If you did not name a successor and your first choice cannot serve, you have no power of attorney unless you create a new document.
This is why naming at least one alternate is important. If you did not do this and now need a power of attorney, you will have to create a new document and have it signed and witnessed according to your state's rules.
If you are unsure whether the person you named is still willing to serve, reach out and ask. People's circumstances change, and it is better to know now than to discover a problem when you actually need them to act.
Frequently Asked Questions
Can I name my spouse as power of attorney?
Yes. Your spouse can serve as your power of attorney unless a court has declared them incompetent. Many people name their spouse as their first choice and a child or trusted friend as the alternate, in case the spouse becomes unable to serve.
Can I name someone who lives out of state?
Yes. Your power of attorney does not have to live in your state. However, they may need to travel to sign documents in person, and some institutions may ask for additional proof of their authority if they are not local. Discuss logistics with them before you name them.
What if I want to name two people and they disagree on a decision?
If you name co-agents who must act jointly, they both have to agree. If they cannot agree, neither can act, and you may need to go to court to resolve the dispute. To avoid this, you can name them to serve severally (each can act alone) or name one primary agent and one alternate instead.
Can I name my power of attorney in my will instead of a separate document?
No. A power of attorney must be a separate document signed during your lifetime. A will only takes effect after you die, so naming someone in your will does not give them authority to act while you are alive. You need both a power of attorney (for while you are living) and a will (for after you die).
Can I change who my power of attorney is after I name them?
Yes. You can revoke a power of attorney at any time by creating a new one or by signing a revocation document. Notify the old agent and any institutions that have a copy of the old document. Your new document should state that it revokes all previous powers of attorney.