This however should be plainly stated on the contract for the power of attorney. Otherwise, it will be deemed invalid by the court. The principal can also choose to appoint an agent or the attorney in fact (the person to whom the power of attorney is given to) to be his or her representative when they become ill. To make the selection process a bit easier for you, take heed of the following considerations that you must include when nominating a person in your power of attorney. Age It is a basic factor in determining whether someone is fit to become your attorney-in-fact. You must choose a person who is a lot younger than you are since he or she can carry out the responsibilities for a longer time compared to the older ones. When picking out an agent, make sure that the person would stand by the principal s beliefs since they would act on behalf of the person. Aside from that, the attorney-in-fact would have to keep sufficient and detailed records since the principal should have a copy of transactions made in h/her behalf. In the durable power of attorney, you are acknowledging the possibility that you could become mentally or totally incompetent because of any accident or illness. For this power of attorney to take effect there has to be a genuine certification from a doctor to prove the incompetence. In every power of attorney you would get into, it is always important to make sure you are choosing and agent or an attorney-in-fact who is very trustworthy and reliable. They can sign your documents and decide for you while you are away or incapable of making decisions yourself. Although the word attorney is a synonym to a lawyer, in United States, it is mostly used to refer to these people who are given the power of attorney. They are also called agents because they also serve as liaison officers and go-between or more formally, attorney-in-fact because they are only licensed by a common person. This can be a son or daughter, a parent or other close relations. Do not be fooled with the name. Anybody can be given the power of attorney, even people who are not lawyers, although most of those who are given such responsibilities are family lawyers of rich people or corporate lawyers of big corporations, whose job entails them to represent the CEOs or the big bosses, which are often required to be in three places at the same time, which is of course, not humanly possible.