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When To Decline A Power-Of-Attorney Request

31 August 2018 by Kenneth Pierce

When someone who feels close to you asks you to serve as his or her power of attorney, it's generally an honor. In most cases, you might accept this request and know that your acceptance will give the person comfort as he or she ages and becomes ill. You shouldn't, however, feel as though you must automatically accept someone's request to be a power of attorney. This is an important job, and unless you're 100 percent ready to do it, it's generally best to politely decline the request and hope that the person can find someone who is better qualified than you. Here are some instances in which you might decline being a power of attorney.

You Can't Fit It Into Your Schedule

Being someone's power of attorney can require a lot of work, both before the person's passing and afterward. It's possible that you simply can't envision fitting these duties into your schedule. Perhaps you work well beyond 40 hours a week at work and travel frequently, or you have a young family and lots of duties around the house. It's less than ideal to accept the role of power of attorney and then struggle to perform it because of your schedule.

You Don't Have A Good Relationship With The Person

You may also want to consider declining the role of power of attorney if your relationship with the person isn't very good. When you accept this role, you'll need to spend a lot of time discussing important matters with this person. If you don't get along well, these discussions can be highly contentious, and you're likely better off not subjecting yourself to this scenario. When you don't have a good relationship with the person, you may also find yourself resenting the work that you're doing should you accept the role, which isn't a favorable feeling.

You're Someone Else's Power Of Attorney

Another reason to decline this request is that you've recently agreed to serve as the power of attorney for someone else. If both people are roughly the same age, it's entirely possible that they might pass away at close to the same time. Even if the odds of this are low, it's not a scenario that you wish to encounter. It would be very daunting to handle two separate power-of-attorney jobs at the same time and potentially detrimental to your mental health because of the considerable stress you'll face.

For more information, get in touch with an estate planning lawyer.

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