If you nominate someone as your power of attorney agent, they are not legally required to act unless they:

• Accept that nomination, and
• Exercise the powers you give them.

When you sign a power of attorney, you choose when you want your agent to start. Many people have their agent exercise authority when they are declared incapable of making their own financial or medical decisions. When the time comes for your agent to determine if they want to accept their nomination, it does not always have to be in writing. An agent may simply start to act and exercise power of attorney over you.

Keep in mind that there are two types of Powers of Attorney:

• Property and Finance, and
• Healthcare and Medical.

The person you nominate as agent to act on your behalf may choose to only act in one capacity (i.e. handle your finances or make medical decisions). The agent you choose can decide not to act in any capacity. This is why naming successor agents is generally a good idea. Sometimes an agent becomes sick and can't handle decisions for you. Other times, the agent just decides they do not want to handle the decisions.

Any agent that acts for you has a duty to:

• Act in good faith for your benefit, and 
• Use due care, competence, and diligence. 

Speak with your agent before nominating them in your power of attorney. Make sure they are ready to make these decisions if asked.