07/20/2026
Serving as an Agent Under a Power of Attorney Is an Honor—And a Serious Responsibility
When a family member or close friend asks you to act on their behalf, it is a significant expression of trust. It also carries important legal obligations that should not be taken lightly.
A power of attorney is one of the most valuable estate planning documents a person can sign. It allows an individual, known as the principal, to appoint someone they trust to handle financial and legal matters if they become unable to do so themselves or need assistance. Depending on the language of the document, an agent may have authority to pay bills, manage investments, handle real estate transactions, communicate with financial institutions, and conduct many other financial affairs.
Pennsylvania law imposes a fiduciary duty on anyone serving under a power of attorney. An agent must always act in the best interests of the principal and not for personal gain. The authority granted by a power of attorney belongs to the principal, and the agent is expected to carry out the principal's wishes with honesty, loyalty, and sound judgment.
Some agents assume that because they can access a bank account or sign documents, they have unrestricted authority to use the principal's assets. That is simply not the case. The principal's property remains the principal's property. Every financial decision should be made solely for the principal's benefit and in accordance with the powers granted in the document.
A common mistake is failing to keep adequate records. An agent should be prepared to account for financial transactions if questions arise from family members, beneficiaries, or a court. Maintaining complete and accurate records protects not only the principal but also the agent. Good record keeping can often prevent misunderstandings from developing into family disputes.
The authority granted under the document ends when the principal dies. At that point, responsibility for administering the estate passes to the executor named in the will or to an administrator appointed by the court if there is no will.
Serving as an agent can also present difficult decisions. Family members may disagree about finances or question the principal's wishes. In these situations, the agent should remain focused on the responsibilities imposed by law rather than attempting to satisfy competing family interests. When uncertainty exists, seeking advice from an attorney or accountant is often the best course of action.
Choosing the right person to serve as an agent under a power of attorney is one of the most important decisions in the estate planning process. The ideal agent is not necessarily the oldest child or the closest relative, but someone who is organized, trustworthy, financially responsible, and willing to devote the time necessary to fulfill the role.
Likewise, anyone asked to serve should carefully consider the responsibilities before accepting the appointment. While serving as an agent is an opportunity to help someone during a vulnerable period of life, it is also a legal commitment that requires diligence, integrity, and careful attention to the principal's best interests.
A properly prepared power of attorney can spare families significant expense, delay, and stress if illness or incapacity occurs.
For personalized legal guidance, reach out to Achille Law, P.C., located at 379 Main Street, Brookville, PA 15825 for legal guidance and representation for most legal matters. Visit our website, palaw.org, to learn more about our practice areas, or call (814) 849-6701 to schedule a consultation. This article and inquiries through email, website or phone do not create an attorney-client relationship between you and our firm. Each case is evaluated prior to acceptance and representation agreements are set forth in writing.
