Quick Overview (TL;DR):
A Power of Attorney is only as strong as the backup plan behind it. If your agent can’t serve and there’s no backup named, your family may have to ask a court to appoint a guardian. In Virginia, co-agents can act independently by default — your document has to say otherwise if you want to require joint action. Naming at least two backups protects your plan if your first choice becomes unavailable.
Table of Contents
- What Is a Power of Attorney Agent?
- What Is a Backup (Alternate) Agent?
- Virginia’s Rules on Multiple Agents
- What Happens If You Don’t Have a Backup
- How to Choose Your Backup
- Get Started Today: Attend a Free Estate Planning Workshop
- Frequently Asked Questions
Most people put real thought into who they’ll name to make decisions for them. In legal terms, that person is called your “agent.” Once the agent is chosen, it can feel like mission accomplished, right? But an agent is still just a person, and people get sick, move across the country, take on more than they can handle, or simply say no when the moment actually arrives. A Power of Attorney names someone to step in for you; naming a backup (alternate agent) is what makes sure that plan actually holds up when life doesn’t go the way you expect.
This is one of the most common gaps we see in do-it-yourself and templated Powers of Attorney — and it’s an easy one to fix once you understand how agents and backup (alternate) agents actually work in Virginia.
What Is a Power of Attorney Agent?
A Power of Attorney is a document that authorizes someone you choose — your “agent” — to manage your affairs if you become incapacitated or are otherwise unable to act for yourself. There are two main types.
A medical Power of Attorney lets your agent make healthcare decisions on your behalf if you can’t communicate or advocate for yourself.
A financial Power of Attorney lets your agent handle day-to-day business and financial matters, like paying bills, managing accounts, filing taxes, and similar tasks.
Your agent can be a person you trust — a spouse, adult child, or close friend — or, for financial matters, a professional such as an accountant, trust company, or law firm. Whoever you choose should have your full confidence, both in their integrity and in their ability to actually carry out the role.
What Is a Backup (Alternate) Agent?
A backup agent — legally called an “alternate agent” or sometimes a “successor agent” — is the person who steps in if your first choice can’t or won’t serve. This isn’t uncommon. Named agents may become ill, move out of state, or simply decide, when the moment comes, that they don’t want the responsibility.
When a backup agent takes over, they generally hold the same authority your original agent would have had, as defined in your document. The succession is built right into the Power of Attorney itself, so there’s no gap in coverage and no separate legal step required to activate it. The plan simply does what it was designed to do.
Virginia’s Rules on Multiple Agents
It’s worth understanding the difference between naming an alternate agent (backup) and naming co-agents, because Virginia treats them differently.
- A successor (alternate) agent only steps in when the prior agent is unavailable — one person acts at a time.
- Co-agents serve at the same time. By default, under Virginia law, each co-agent may act independently. Your document has to expressly say they must act jointly if that’s what you want.
For most families, naming one agent with one or two backups in line behind them is simpler to administer than naming co-agents, but there are situations where co-agents make sense, particularly when different people are better suited to different responsibilities. This is exactly the kind of decision worth talking through, since the right structure depends on your family and your goals.
What Happens If You Don’t Have a Backup
If your named agent can’t or won’t serve and no backup is named (or all named backups are also unavailable), your loved ones don’t automatically get to simply choose someone new. Instead, they may need to petition the court to have a guardian or conservator appointed on your behalf.
That process is public. It takes time and comes with legal costs your family wouldn’t otherwise incur. It also means a judge — not you — has the final say in who takes on that role. None of this is meant to alarm you; it’s simply what naming a backup agent is designed to prevent. A properly drafted Power of Attorney accounts for this ahead of time, so the decision stays where it belongs: with you and the people you trust.
How to Choose Your Backup
There are a few practical things for you to consider as you decide who to name as an alternate agent or backup:
- Willingness — has this person actually agreed to serve, and do they understand what it involves?
- Proximity — someone nearby can often step in more easily for day-to-day or medical matters.
- Trust and judgment — the same standard you’d apply to your primary agent applies here.
- Capacity — do they have the time, organization, and emotional bandwidth to take this on?
When possible, we recommend naming at least two alternates. It costs nothing to build depth into your plan now, and it means one unavailable person doesn’t send your family back to square one.
Get Started Today: Attend a Free Estate Planning Workshop
Choosing the right agents and alternates is just one part of a Power of Attorney that actually works when your family needs it. Our free estate planning workshop – 7 Hazards to Your Estate Plan – covers different risks you should be aware of when creating an effective and holistic estate plan. The workshop is offered both in person and online for your convenience. Click below to see upcoming live dates or to register for the online workshop. After attending or watching the workshop, you will qualify for a free consultation with our attorney where you can discuss your unique circumstances.
Life happens. Plan on it.™
Frequently Asked Questions
Yes. In Virginia, co-agents named in a Power of Attorney may act independently by default — the document has to expressly require them to act jointly if that’s what you want. This works well for some families and creates friction for others. It’s worth discussing which structure fits yours.
If no named agent is available, your family may need to petition the court to appoint a guardian or conservator. Naming two or more alternates significantly lowers the chance of this ever becoming necessary.
They don’t have to be told in advance for the document to be valid, but we strongly recommend it. An alternate who is caught off guard is far more likely to decline the role than one who agreed to it ahead of time.
Yes. As long as you’re legally competent, you can update your Power of Attorney at any time to change your agent, add or remove alternates, or adjust the powers granted.
