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Who can be an Attorney-in-Fact?

Article describing who can be named an Attorney-in-Fact.

Updated over 7 months ago

An Attorney-in-Fact (or Agent) is the person you appoint to manage your financial or legal affairs under a Power of Attorney. While state laws vary slightly, most states require that an Attorney-in-Fact meet the following basic criteria:

  1. Age Requirement:
    The individual must be at least 18 years old or the age of majority in your state.

  2. Mental Competence:
    The person must be of sound mind and capable of making rational decisions.

Choosing the Right Attorney-in-Fact

Since this person will handle important financial matters on your behalf, it's crucial to select someone who is:

  • Trustworthy: Choose someone who will act in your best interest and honor your wishes.

  • Financially Responsible: Look for a person with good financial habits and the ability to manage money effectively.

  • Reliable and Available: They should be dependable and have the time and willingness to take on the role.

  • Organized and Detail-Oriented: Managing financial affairs often involves handling detailed transactions, keeping records, and meeting deadlines.

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