How to Choose the Right Person for Your Durable POA
Jan. 13, 2026
Choosing someone to act on your behalf is deeply personal, and it’s normal to feel uncertain about getting it right. If you’re thinking about this, it may be time to talk with an attorney about how a durable power of attorney fits into your estate planning goals.
A durable power of attorney (POA) allows someone you trust to manage your financial or legal matters if you can’t do so yourself. This document plays a vital role in protecting your interests in the event of illness, injury, or age-related decline.
At Lewis Van Sickle, LLC, we are experienced in helping our clients understand their options for durable POAs and in choosing the right person to act on their behalf. With offices in Green Bay and Pulaski, Wisconsin, we serve clients throughout Northeast Wisconsin and the greater Green Bay area.
What Does a Durable POA Do?
A durable power of attorney (POA) allows you to grant another person the legal authority to act and make decisions on your behalf when you’re unable to do so on your own. That authority can include paying bills, handling property matters, or working with financial institutions.
Once created, a durable POA remains effective even if you become incapacitated. It doesn’t remove your rights or independence when it’s created. Instead, it stays in the background until it’s needed. Knowing that you have someone legally authorized to step in can reduce stress for both you and your loved ones.
The Importance of Choosing the Right Person
The individual named in your durable POA can make decisions that directly affect your finances and legacy. Therefore, poor judgment or conflicting interests can cause serious problems at an already difficult time. Making this decision should be thoughtful and deliberate within your broader estate planning strategy. A durable POA should support stability, not create tension, and choosing the right person can help preserve harmony while protecting your family, estate, and assets.
Qualities to Look For in a Durable POA Agent
Before naming an agent, it's important to consider the traits of a person you would want to make decisions on your behalf. Your agent doesn’t necessarily need legal or financial training, but they should have a trustworthy character and reliability. In estate planning, these personal qualities often matter more than technical knowledge. When discussing this decision, many clients consider the following traits:
Trustworthiness: Your agent should act honestly and put your interests first.
Emotional steadiness: High-pressure moments can occur, and someone who can make calm decisions can help prevent costly mistakes.
Organizational skills: Consider selecting someone who can handle paperwork, deadlines, and records with attention to detail and follow-through.
Willingness to serve: Acting as an agent for a durable POA carries significant responsibility. Therefore, your agent should genuinely be willing to accept it.
Taking time to evaluate these qualities can prevent regret later. Once you’ve reflected on them, it’s easier to have meaningful conversations with potential agents. That clarity supports stronger estate planning decisions overall.
Family Members Versus Outside Choices
Many people assume a spouse or adult child is the automatic choice for a durable POA. In some cases, that’s a great fit, especially when trust and communication are strong. However, family dynamics can make this decision harder than it first appears.
In some cases, you may prefer naming a trusted friend or professional fiduciary instead. This option can reduce family conflict and provide neutrality. At Lewis & Van Sickle, LLC, we help clients carefully weigh these options so their estate planning reflects both personal values and practical realities.
Backup Agents For Added Protection
Life changes, and the person you choose today may not be available years from now. Illness, relocation, or personal circumstances can interfere with their ability to serve. Therefore, it's wise to name a backup agent in case your initial choice is unable or unwilling to serve. A secondary agent steps in only if the primary agent can’t act. This avoids delays or court involvement during emergencies.
Your Agent's Financial Responsibility
The person you name may be managing bank accounts, investments, or property on your behalf. If the person you choose has poor money habits or debt issues, it could create additional risk. Therefore, financial responsibility should be part of the conversation when selecting an agent for a durable POA.
Your agent doesn’t need to be wealthy, but they should be careful and disciplined with their own finances. Someone who budgets well and respects boundaries is often a stronger choice. These qualities protect your assets and reduce stress for everyone involved.
Questions To Ask Before Naming an Agent
Before finalizing your choice, it’s wise to ask direct and honest questions. These conversations can feel uncomfortable, but they prevent misunderstandings later. They’re also an important step in thoughtful estate planning. Several questions you should consider asking your potential agent include the following:
Are you comfortable handling financial matters? This opens a discussion about confidence and ability without pressure.
Can you act objectively if my family disagrees with a decision you make? This helps gauge how the person handles conflict.
Are you willing to communicate with professionals? Coordination with lawyers and financial institutions may be required.
Do you understand this is a serious responsibility? Clarity upfront reduces future resentment or confusion.
Having these discussions early builds mutual respect. It also allows you and your potential agent to enter into an arrangement with realistic expectations and reduces the likelihood of confusion or conflict later by making roles and responsibilities clear from the beginning.
Be Sure to Update Your Durable POA Over Time
Your choice for a durable POA today may not be the right choice forever. Relationships can change, and laws can change, too. Periodically reviewing your POA helps keep your estate planning documents current and effective, and it gives you the opportunity to make updates before outdated decisions create unnecessary complications.
A durable POA also doesn’t stand alone. It works alongside wills, trusts, and healthcare documents to form a complete picture. Each piece supports the others, which is why estate planning should be viewed as a coordinated effort and updated regularly.
At Lewis & Van Sickle, LLC often suggest reviewing documents after major life events. Marriage, divorce, or the loss of a loved one can all affect your choices. Staying proactive helps avoid problems later.
Contact a Reliable Estate Planning Attorney for Help with Your Durable POA
Choosing the right person for your durable POA is about trust, clarity, and long-term peace of mind. Once you’ve made your choice, let your family members know who you’ve named to prevent surprise or resentment and support transparency within your estate planning.
At Lewis & Van Sickle, LLC, we are committed to working closely with you and your family to help create documents that reflect your real-life needs and relationships. With offices in Green Bay and Pulaski, Wisconsin, we serve clients throughout Northeast Wisconsin and the greater Green Bay area. Contact us today to schedule a consultation and take the next step toward protecting your future.