Nevada residents who have a health care power of attorney as part of their estate plan will name someone they trust to be their agent. However, there are common concerns as to what can happen if, for example, that agent cannot fulfil their duties.
People who want to cover all the possible scenarios—especially with something as sensitive as a health care power of attorney—might want to think about whether they should have more than one person who handles the duties inherent with this critical document. Having a professional’s help with making this decision is useful.
Should I have co-agents or successor agents for my health care power of attorney?
When the person who creates an estate plan—the principal—has a health care power of attorney, there will be an agent who will be responsible for making decisions in their place if they are unable to do so on their own. Challenges can arise if there are concerns that the agent will not do exactly what the principal might have wanted or they become ill or incapacitated themselves.
To counteract these worries, there can be co-agents and successor agents. The principal is not legally bound to have only one agent. They can have two or more if they choose to do so. With this arrangement, the co-agents will each exercise their authority independent of the others. The document can say the principal does not want them to act independently.
Regarding successor agents, the principal can name someone if the current agent resigns from the position, dies, is incapacitated, is deemed unqualified to serve or no longer wants to serve. The successor agent will have the same authority granted to the original agent. They cannot serve in the role until the prior agents have fallen into one of the above categories as to why they are no longer serving.
For powers of attorney and other aspects of estate planning, it is wise to have help
A health care power of attorney carries with it great power. People who have this document need to make sure they are fully protected so their wishes are carried out. Those who accept this responsibility need to know what it entails since it can involve life and death decisions.
To understand the law for these documents and if it is possible to have co-agents and successor agents, it is essential to have comprehensive legal guidance to explain the entire process. For this and other estate planning needs, it is important to call as soon as possible to be fully prepared for every eventuality.