Estate Planning

Should I Name My Child as My Power of Attorney?

Choose the person for the work involved

An adult child may be an appropriate agent, but the decision should reflect the responsibilities rather than birth order or proximity alone. Consider reliability, communication, judgment, and willingness to keep records. Discuss the role before naming the person. Someone who is comfortable helping with bills may not be the best person for difficult medical decisions.

Separate financial and health-care authority

A financial power of attorney and a health-care power of attorney serve different functions. Financial authority depends on the document and applicable law; health-care decision-making has its own statutory framework and activation rules. Review both appointments rather than assuming the title power of attorney gives the child unrestricted authority over every part of your life.

Plan for a successor and potential conflicts

Identify someone who can serve if the first agent cannot. Section 1337.31 addresses coagents and successor agents; appointing multiple children can raise practical coordination issues. Consider how decisions will be made and whether the proposed arrangement fits the institutions involved. Adding everyone to avoid hurt feelings may create a less workable plan.

Give instructions while you can explain them

Tell the chosen person where documents and important records are kept. Discuss priorities without sharing unnecessary credentials or making informal gifts that change the plan. Section 1337.34 describes financial agents’ duties. Choosing a child does not remove those duties, and affection alone should not replace clear authority, boundaries, and a workable recordkeeping process.

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