By Matthew Collett, Esq.

Regardless of the structure of your estate plan (Will-based or Trust-based), one of the most important decisions you must make is to select the agents to make decisions for you during incapacity or in the event of death.  However, selecting agents is also often the most difficult decisions you have to make. 

“TAP” Your Agents. Selecting agents is difficult enough, so as part of our process, we have come up with a three-step analysis for selecting not only who should appear in your documents, but in which order they should appear.

1. Trustworthiness. Trustworthiness is always step one and is key. Things like financial aptitude could be hired into a situation, but trustworthiness can never be hired in. For most people, this is where the list of several hundred people you know gets narrowed down very quickly to who you actually trust.
2. Aptitude. Once we have the list narrowed down to those trusted individuals, then we start to consider, who would actually be good at the job and do they have the bandwidth to do the work? We consider everyone’s talents and time.  Perhaps, a sibling is good with money, a cousin is a nurse, and trusted friends have similar values and would make ideal guardians. 
3. Proximity. In today’s age of technology, most important positions can be accomplished over a long distance, whether that includes administering an estate, or communicating with doctors regarding treatment. However, all things equal, boots on the ground often make things easier. As such, proximity to you is typically what we use to place agents in order, but that is not always dispositive or outcome determinative to selecting agents. When the best person for the job is four states away, then we use that person regardless if the second or third best person is here in town.

Types of Agents. In estate planning, “agent” is an umbrella term that refers to individuals chosen to act on your behalf. While the roles may vary, we approach each category with the same analysis. Generally, agents fall into three key categories: financial, medical, and guardianship.

• Financial agents may include those named in a Durable Financial Power of Attorney, Personal Representatives in a Will, or successor Trustees in a trust.
• Medical agents are appointed through a Medical Durable Power of Attorney to make healthcare decisions if you’re unable to.
• Guardians are named in a Will to care for minor children, offering a court clear direction on your wishes.

Planning for Yesterday. In the estate planning process, we always ask “what if something happened to you yesterday?” While that’s our starting point, most estate planning documents are flexible and evolve over time. Young adults often begin by naming parents as agents. As life progresses—through marriage, deepened friendships, or raising children—documents are frequently updated to reflect those changes. The goal is to ensure your estate plan always aligns with your current life circumstances.

Backups, Please! While only one agent is legally required, we strongly recommend naming two, or preferably three backups. This ensures you maintain control and flexibility, even if your primary agent is unavailable. Though it’s often tempting to create a long list, we’ve found that three well-considered backups strike the right balance between preparedness and simplicity.

We are here to help at The Law Office of Kevin R. Hancock.  Our attorneys help you achieve peace of mind through crafting an estate plan that works best for your family, your property, and your circumstances. Selecting agents is complex with many considerations and legal requirements, and our attorneys are here to take the estate planning journey with you and walk you through the process.