When you create a power of attorney, you put careful thought into choosing the right agent. But what happens if that person is unable or unwilling to serve when the time comes? If your POA does not name a successor agent, the entire document may become useless at the worst possible moment. Naming one or more backup agents is a simple step that can prevent a major gap in your planning.
What Is a Successor Agent?
A successor agent (also called an alternate agent or backup agent) is a person named in your power of attorney who steps into the agent role if your primary agent is unable or unwilling to serve. The successor does not have any authority as long as the primary agent is active. Their authority only activates when the primary agent can no longer fulfill the role.
Think of it like a succession plan. The primary agent is your first choice. The successor agent is your backup. Some people name a second successor as well, creating a chain of three potential agents in case both the first and second are unavailable.
Why Your Primary Agent Might Not Be Available
People often assume their chosen agent will always be available, but life is unpredictable. There are many reasons a primary agent may not be able to serve when needed.
Health issues. Your agent could develop their own health problems, including the very conditions you are trying to plan for. If your agent is your spouse and they are aging alongside you, they may become incapacitated themselves.
Death. Your agent could predecease you. This is especially relevant if there is a significant age gap or if your POA remains in effect for many years.
Relocation. Your agent may move far away, making it impractical for them to manage your local affairs, attend in-person meetings with banks, or coordinate with your healthcare providers.
Unwillingness. When the time actually comes to serve, your agent may feel overwhelmed, uncomfortable with the responsibility, or otherwise unwilling to take on the role. Agreeing in principle is different from accepting the day-to-day reality of managing someone else's affairs.
Conflict of interest. Circumstances may change in ways that create a conflict of interest for your agent, making it inappropriate for them to serve.
Relationship changes. Divorce, falling out, or other changes in your relationship with your agent may make them an unsuitable choice, especially if you have not updated your POA to reflect the change.
What Happens Without a Successor Agent
If your primary agent cannot serve and no successor is named, your power of attorney effectively becomes a dead letter. There is no one authorized to act on your behalf, and you are left in the same position as someone who never created a POA at all.
The result is that your family would need to petition a court for guardianship or conservatorship, which is precisely the outcome you were trying to avoid by creating a POA in the first place. The guardianship process is costly, time-consuming, and public, and the court will choose the decision-maker rather than you.
This scenario is entirely preventable by naming one or more successor agents in your original POA document.
How Successor Agents Work
The mechanics of successor agent activation are straightforward. Your POA document should specify the conditions under which the successor's authority begins. Common triggering conditions include the primary agent's death, the primary agent's written resignation, the primary agent's incapacity (as certified by a physician), or the primary agent's refusal to act.
When a triggering condition is met, the successor agent presents the POA document along with evidence of the triggering event (such as a death certificate, resignation letter, or physician's certification) to the relevant institutions. The successor then exercises the same powers that were granted to the primary agent.
Some POA documents specify that the successor has the same powers as the primary agent, while others allow for different powers. In most cases, granting the successor identical powers to the primary agent is the simplest and most practical approach.
Choosing Your Successor Agents
The criteria for choosing a successor agent are largely the same as for choosing a primary agent, but with some additional considerations.
Apply the same standards. Your successor should be trustworthy, competent, available, and willing to serve. Do not treat the backup role as less important than the primary role, as your successor may very well end up being the person who actually serves.
Consider age and health. If your primary agent is a peer who is aging alongside you, consider naming a younger successor. This ensures that at least one of your named agents is likely to be healthy and available when needed.
Think about geographic proximity. If your primary agent lives nearby but your successor lives across the country, consider whether the successor could realistically manage your local affairs. Some tasks can be handled remotely, but others benefit from physical proximity.
Have the conversation. Just as you should discuss the role with your primary agent, you should also talk to your successor agents. Make sure they understand what the role entails, are willing to accept it, and know where to find your POA document and other important information.
Consider complementary skills. If your primary agent is strong in financial management, you might choose a successor who also has financial skills but who brings a different perspective or availability.
How Many Successors Should You Name?
There is no strict limit, but naming one or two successor agents is standard practice. Here is a common structure:
Primary agent is your most trusted person, typically a spouse, adult child, or close family member. First successor is your backup, often another adult child, a sibling, or a trusted friend. Second successor is a final safety net, sometimes a professional fiduciary or another family member.
Naming more than three agents in a chain of succession is unusual and can create confusion. The goal is to have enough backups to cover realistic scenarios without overcomplicating the document.
Successor Agents vs. Co-Agents
Successor agents and co-agents are different arrangements that serve different purposes.
Co-agents serve simultaneously. Two or more people share the agent role at the same time, and they may need to act together on all decisions (which can create practical problems) or may be authorized to act independently (which can create coordination issues).
Successor agents serve sequentially. Only one person serves at a time, with the next in line stepping up only when the current agent can no longer serve.
For most people, the successor agent model is more practical than co-agents. It avoids the complications of having two people trying to manage the same affairs simultaneously while still providing a backup.
Updating Your Successor Choices
Life changes, and your choice of successor agents should be reviewed periodically. Major life events that should trigger a review include the death or incapacity of a named successor, a divorce or significant relationship change, a named successor's relocation to a distant area, changes in your financial situation that affect the skills needed, and changes in your named successor's reliability or willingness to serve.
When you need to change a successor agent, the simplest approach is to revoke the existing POA and create a new one that reflects your updated choices.
A Small Step with Major Impact
Naming successor agents is one of the simplest things you can do to strengthen your power of attorney, yet it is frequently overlooked. Taking a few minutes to identify and name one or two backup agents can prevent your carefully crafted POA from becoming useless at the moment it matters most.
mypoa.ai walks you through the process of naming both primary and successor agents when creating your power of attorney, ensuring you have a complete chain of trusted decision-makers in place. Your download includes detailed signing and notarization instructions specific to your jurisdiction.