A power of attorney is meant to help when life takes an unexpected turn. But the person you choose may end up making important decisions about your money, property, or healthcare.
If those decisions don’t align with your wishes, the impact can be serious. That’s why taking time to choose carefully and set clear expectations can make a meaningful difference for you and your family.
What Happens If Your Power of Attorney Makes the Wrong Decision?
When someone steps in under a power of attorney, it’s often during a stressful time. Even responsible people can struggle if they’re unprepared or unsure what to do.
Here are some common issues that can come up:
Financial problems
An agent who isn’t organized or experienced may:
- Miss payments
- Mismanage accounts
- Make decisions that don’t match your financial goals
Family conflict
If decisions feel unfair or unclear, it can create tension between family members. This is especially true if your agent is also set to inherit from your estate.
Delays in important decisions
Some powers of attorney only become active after certain conditions are met. That can slow things down when quick action is needed.
Healthcare concerns
If your agent is also making medical decisions, they may feel pressure or uncertainty. Without guidance, choices may not reflect what you would have wanted.
In many cases, the problem isn’t bad intent; it’s a lack of clarity or the wrong fit for the role.
What Powers Does a Power of Attorney Have?
The authority you give depends on how your documents are written. Some powers are broad, while others are more limited.
Here’s a simple overview:
| Area | What Your Agent May Handle |
| Finances | Paying bills, managing bank accounts |
| Property | Buying or selling real estate |
| Taxes | Filing returns and working with tax agencies |
| Legal matters | Signing documents on your behalf |
| Healthcare | Making medical decisions if you cannot |
Many powers of attorney are “durable,” meaning they stay in effect if you become unable to make decisions. Because these powers can be wide-reaching, choosing the right person is critical.
Who Should Be My Power of Attorney in West Des Moines, IA?
This decision deserves careful consideration. The person you choose should be capable of handling responsibility, communicating clearly, and carrying out your wishes with care and consistency, not simply the person who feels like the most obvious choice. Selecting the right individual can help reduce confusion and ensure your plan works as intended when it matters most.
Someone you trust fully
This person may have access to your accounts and personal information. Trust is essential.
Good judgment
They should be able to make thoughtful decisions, even in stressful situations.
Organization and reliability
Paying bills, tracking paperwork, and handling responsibilities requires attention to detail.
Willingness to take on the role
Not everyone is comfortable with this level of responsibility. It’s important to ask first.
The ability to work with others
In some cases, your agent may need to communicate with family members or professionals.
You can also name backup agents or divide responsibilities between people if that better fits your situation.
How Can You Reduce the Risk of Mistakes?
Taking a proactive approach can help reduce the likelihood of common issues. By putting thoughtful safeguards in place, you can provide clearer guidance and support better decision-making if your power of attorney ever needs to step in. Consider the following steps:
- Be clear in your documents: Outline what your agent can and cannot do.
- Choose the right type of POA: Some take effect right away, while others only begin under certain conditions.
- Have open conversations: Talk through your expectations so there are no surprises.
- Review your plan over time: Life changes, and your documents should keep up.
- Work with an attorney: A tailored plan can help you avoid gaps or confusion.
Frequently Asked Questions
Can a power of attorney be held accountable for bad decisions?
Yes, a power of attorney has a legal duty to act in your best interest. If they misuse their authority or act improperly, there may be legal options to address the situation. However, resolving these issues can take time and may involve court involvement.
Can I change my power of attorney later?
In most cases, yes. As long as you are still able to make your own decisions, you can update or replace your power of attorney. This is often a good idea if relationships or circumstances change.
Should I choose more than one person as my agent?
Sometimes. You may choose co-agents to share responsibility or assign different roles to different people. This can add balance, but it’s important to make sure they can work well together to avoid delays or disagreements.
Key Takeaways
- A power of attorney can make major financial and healthcare decisions on your behalf
- Problems often come from unclear instructions or choosing the wrong person
- Trust, judgment, and reliability matter more than convenience
- You can name backup agents or divide responsibilities
- Clear planning helps reduce stress and confusion for your family
Taking the Time to Choose Carefully Matters
At Pearson Bollman Law, we work with individuals and families in West Des Moines and throughout Iowa to create estate plans that reflect their real-life needs and concerns. Choosing a power of attorney isn’t just about filling out a document. It’s about making sure the right person is in place to step in when it matters most. With the right guidance, you can feel more confident about how your plan will work when it’s needed. Request a consultation today.
References: Market Watch (Oct. 5, 2020) “Does your estate plan use the right type of Power of Attorney for you?” and Medical Economics (Feb. 3, 2022) “Avoid powers of attorney mistakes”