How to Choose the Right Person for Your Durable POA
Dec. 16, 2025
Making decisions about the future is a significant part of life. One of the most important choices you can make is selecting who will manage your affairs if you become unable to do so yourself. Working with a knowledgeable attorney to create a durable power of attorney helps you clearly state your wishes and appoint a trusted individual, giving you and your family peace of mind.
At Lewis & Van Sickle, LLC, we guide clients through this process with care and attention. Our attorney helps people in Green Bay, Wisconsin, and the surrounding communities of Oconto, Shawano, Kewaunee, and Sturgeon Bay prepare for the future.
Choosing the right person to serve as your durable POA, known as your agent, is a decision that requires thoughtful consideration. We've prepared this guide to help you think through the qualities that make a good agent and how to make the best choice for your situation.
What is a Durable Power of Attorney?
A durable power of attorney (POA) is a legal document that lets you appoint someone to make financial or healthcare decisions on your behalf. A durable power of attorney grants your chosen agent the authority to act for you in specific matters, and the "durable" part means the document remains in effect even if you become incapacitated. There are two primary types of durable POAs that you can choose from:
Durable power of attorney for finances: This document authorizes your agent to handle your financial matters. This can include paying bills, managing investments, filing taxes, and selling property. You can grant broad authority or limit your agent's powers to specific tasks.
Durable power of attorney for healthcare: This document allows your agent to make medical decisions for you if you cannot communicate your own wishes. This could involve decisions about treatments, surgeries, and end-of-life care.
You can have the same person act as your agent for both finances and healthcare, or you can choose different people for each role. The decision depends on your personal circumstances and the skills of the people you are considering.
Key Qualities to Look for in an Agent
The person you choose as your agent will have a great deal of responsibility and control over your finances and health. Therefore, it’s important to select someone who is not only trustworthy but also capable of handling the tasks involved. Here are some key qualities to look for.
Unquestionable trustworthiness: This is the most fundamental quality. Your agent will have access to your finances, personal information, and the power to make life-altering decisions. You must have complete confidence that this person will act in your best interests and honor your wishes. Think about someone who has consistently demonstrated integrity and honesty throughout their life.
Good judgment and level-headedness: Your agent may need to make difficult decisions under pressure. Look for someone who is calm, thoughtful, and able to make sound judgments, especially in stressful situations. An agent who is easily flustered or prone to making rash decisions may not be the best choice. Consider how the person has handled challenges in their own life.
Financial responsibility and organization: If you are appointing an agent for your finances, it is a good idea to choose someone who manages their own money well. They don’t need to be a financial expert, but they should be organized, responsible, and diligent. This person will be responsible for keeping detailed records of all transactions made on your behalf, so attention to detail is a must.
Assertiveness and advocacy: Your agent, particularly for healthcare, must be able to advocate for you. They need to be comfortable speaking with doctors, financial advisors, and other professionals. They should be able to ask tough questions and stand firm on your wishes, even if others disagree. A person who is passive or easily intimidated might struggle to represent your interests effectively.
Practical Steps for Choosing Your Agent
Once you know what to look for in an agent, there are specific steps that you can take to help you identify the right individual to handle your affairs. These practical steps include the following.
Make a list of candidates: Start by brainstorming potential agents. Most people consider their spouse, adult children, a sibling, or a close friend. However, don't limit yourself to the most obvious choices initially. Think broadly about who in your life possesses the qualities discussed earlier.
Have an open conversation: Once you have a primary candidate in mind, have a frank conversation with them. Explain what the role of an agent involves and why you are considering them. This is not a role to be sprung on someone. The person must be willing to accept the responsibility. This conversation also gives you a chance to discuss your values, wishes, and expectations. Make sure they understand how you would want your finances and healthcare managed.
Name an alternate agent: Consider what could happen if your first-choice agent is unable or unwilling to serve when the time comes. It is always a good practice to name at least one successor agent in your durable power of attorney document. This provides a backup plan and helps avoid a situation where a court has to appoint a guardian for you. Use the same careful consideration when choosing your alternate agent.
Consult with an attorney: Creating a durable power of attorney is not simply a matter of filling out a form. To create a document that is legally sound and truly reflects your wishes, it is best to work with an attorney. We can help you think through all the possibilities, customize the document to your needs, and ensure it complies with all Wisconsin laws. This professional guidance helps prevent confusion or legal challenges down the road.
Wisconsin's Durable Power of Attorney Laws
In Wisconsin, the laws governing durable powers of attorney are established in Chapter 244 of the Wisconsin Statutes. This chapter, known as the Uniform Power of Attorney for Finances and Property Act, provides a framework for the creation and use of these documents.
Under Wisconsin law, a durable power of attorney is presumed to be effective immediately upon signing unless you state otherwise in the document. You can specify that the power only becomes effective upon your incapacity, which is known as a "springing" power of attorney. If you choose this option, the document must define how your incapacity will be determined, usually through a written statement from one or more attending physicians.
The law also requires your agent to act in good faith, in accordance with your reasonable expectations, and within the scope of authority granted in the document. They must keep a record of all receipts, disbursements, and transactions made on your behalf. Wisconsin provides a statutory form for a durable power of attorney for finances, which can simplify the creation process. However, an experienced attorney can help you customize the document to fit your specific needs and grant or withhold certain powers.
Estate Planning Attorney in Green Bay, Wisconsin
When you want to prepare for your future, having a knowledgeable attorney on your side can make a significant difference. At Lewis & Van Sickle, LLC, our experienced attorney pays close attention to the smallest details, takes the time to understand your goals, explains your options, and works alongside you to help you identify the best option for your durable POA.
For legal help with estate planning, including wills, trusts, and durable powers of attorney, contact us today to schedule a confidential consultation. With offices in Green Bay and Pulaski, Wisconsin, we serve clients throughout Northeast Wisconsin, including Oconto, Shawano, Kewaunee, and Sturgeon Bay.