How to Choose An Agent or Trustee When Facing a Declining Diagnosis

Choosing an agent when facing a declining medical diagnosis can make this time even more emotionally overwhelming.

This is especially true when a diagnosis comes unexpectedly early in life. Or before you have created an estate plan that includes end of life care.

In this circumstance, creating a plan and choosing an agent is critical. Specifically, choosing the right healthcare and financial agent (Power of Attorney) or trustee becomes one of the most critical decisions you’ll make.

The person(s) you select will be responsible for acting on your behalf. They could potentially make life-altering decisions. Thus, it’s essential to appoint someone who embodies compassion, integrity, competence, and a strong sense of advocacy.

Very often, a close family member such as a spouse of a sibling is chosen for both roles. However, this is not always the case if there isn’t a family member who embodies the necessary qualities. In certain circumstances, a close friend or an attorney may be chosen.

When making this decision with short notice knowing your health is declining, look for the following qualities:

Compassion: Your agent must be emotionally attuned to your needs and values, particularly as your condition progresses. They should be someone who listens without judgment, respects your wishes, and treats every decision with empathy.

Integrity ensures your agent will honor your instructions—even in challenging or emotionally charged situations. Look for someone with a history of honesty, reliability, and ethical decision-making. Trust is the cornerstone of this relationship.

Competence: The individual should be organized, clear-headed, and able to manage legal, financial, or medical responsibilities effectively. This doesn’t mean they need to be a professional—just someone capable of understanding and handling complex tasks or seeking guidance when necessary.

Finally, strong advocacy skills are essential. Your agent must be prepared to stand up for your interests, especially in healthcare settings or when facing pressure from others. They should confidently communicate with professionals, ask the right questions, and ensure your voice is heard—even when you can’t speak for yourself.

Choosing the right person to make decisions for you when you are no longer able to make them for yourself takes thought and care.

If you have recently been diagnosed with a declining condition and would like to create an estate plan that includes your wishes for end-of-life care and the selection of healthcare and financial agents, give my office a call today at (470) 235-7868.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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