Not All Heroes Wear Capes — How to Pick Your Estate Planning A-Team

Guidance from a Birmingham, Alabama estate planning law firm.

In estate planning, choosing the right people to manage your affairs is just as important as the documents themselves. The individuals you appoint will make critical decisions on your behalf, so it is essential to select people you trust. That is why one of the most important steps in building a strong estate plan is selecting your “A-Team” — the agents, personal representatives, trustees, and guardians who will step in and make decisions on your behalf if you are incapacitated or after you pass away.

At Provident Law / Estate Planning LLC, we help our clients think carefully about who they should appoint for each role. Below are a few tips to help you build your A-Team with confidence.

1. Power of Attorney

Role: Your agent will manage your finances if you become incapacitated. You can give your agent the power to pay your bills, manage your investments, sell your real property, and enter into contracts on your behalf.

Traits to look for:

• Trustworthy and responsible with money.

• Organized and detail-oriented.

• Available and willing to act when needed.

Best Practice: Choose someone who understands your values and who will follow your wishes — not necessarily the person with the most financial knowledge. It is also highly recommended for you to name a successor agent in case your primary agent is unable to serve.

2. Health Care Proxy / Advance Directive

Role: Your health care proxy will make medical decisions for you if you are unable to speak for yourself.

Traits to look for:

• Calm under pressure.

• Able to follow your wishes in difficult situations.

• Communicative and emotionally steady.

• Willing to communicate with your other family members and loved ones.

Best Practice: This person may be different from your financial agent — and that is okay. What matters most is that they respect your values and are strong advocates for your care.

3. Personal Representative (Executor of Your Will)

Role: Your personal representative will work with a probate attorney to carry out your wishes after your death, including settling your debts and distributing your property.

Traits to look for:

• Organized and impartial.

• Responsive and able to meet deadlines.

• Can work well with your family members and loved ones.

• Able to work with professionals like lawyers and accountants.

Best Practice: Being a personal representative is a job — sometimes a big one. Consider whether the person you are naming has the time and ability to handle the responsibility. If not, a professional fiduciary might be more appropriate.

4. Trustee

Role: Your trustee will manage the assets you place in your trust. Depending on your circumstances and your wishes, they may begin acting as your trustee during your life or after your death.

Traits to look for:

• Honest and financially responsible.

• Understands your goals and is willing and able to ensure that your wishes are honored.

• Willing to seek professional help from an attorney, financial advisor, and accountant as needed.

Best Practice:  You do not have to choose a friend or family member. In some cases, naming a professional trustee — like a trust company or CPA — makes sense, especially if family dynamics are complicated or the trust will last for many years.

5. Guardian for Minor Children

Role: Your guardian will raise your children if something happens to both of their parents while they are still minors.

Traits to look for:

• Shares your values and parenting style.

• Loved and trusted by your children.

• Emotionally and financially stable.

• Willing and able to raise your children long-term.

Best Practice: You can name someone else to manage your children’s finances if your ideal guardian is not strong in that area. Additionally, you should name a backup guardian in case your primary guardian is unable or unwilling to serve.

Frequently Asked Questions

1. Can I choose the same person for multiple roles (i.e., agent, health care proxy, personal representative, trustee, and guardian)?

Yes, but it is important to evaluate whether one person is truly the best fit for each responsibility. In many cases, dividing roles based on individual strengths leads to a more effective plan.

2. What happens if the person I choose becomes unable or unwilling to serve?

We always recommend naming backup agents, proxies, personal representatives, trustees, and guardians for this reason. Your plan should be flexible and reviewed regularly. Changes can and should be made if a designated individual is no longer able to serve.

3. Should I tell the people I name in my documents?

Absolutely. Having a conversation ahead of time helps prevent confusion and ensures your chosen helpers are willing to step in. You may also want to let them know where to locate important documents or information, even if you are not ready to share the full details yet.

4. Can I change my A-Team after I sign my documents?

Yes — in fact, your estate plan should evolve as your life changes. If your relationships, health, or circumstances shift, it is wise to update your plan accordingly.

5. What if I do not have anyone I trust to name as a trustee or agent?

You are not alone. In that case, it may be wise to consider a professional fiduciary, such as a trust company, CPA, or attorney. We can help you explore and evaluate those options.

6. What if my family does not get along? Should that affect who I name?

Family dynamics are a key consideration. In high-conflict families, it may be best to name a neutral third party to avoid disputes and preserve relationships.

7. Is it better to name my oldest child as the executor or trustee?

Not necessarily. Your decision should be based on who is best suited for the role — not birth order. Responsibility, communication skills, and trustworthiness are more important.

8. Can I name someone who lives out of state?

In most cases, yes. But depending on your state’s laws, it may create additional requirements or delays. We will help you evaluate the benefits and risks before you decide.

9. How often should I review or change my A-Team?

We recommend reviewing your estate plan every 3–5 years, or after major life events like a birth, death, divorce, marriage, or a move.

10. Do the people I name have to accept the role?

No. This is why open communication is key. People can decline the role when the time comes, so it is important to name backups.

Final Thoughts

Choosing your A-Team is not always easy — but it is one of the most important gifts you can give your loved ones. It reduces confusion, avoids conflict, and ensures that the people you trust most are the ones making decisions when it matters most.

Your Next Step

As you move forward with your estate planning, we invite you to contact our team at Provident Law / Estate Planning LLC. We are committed to making estate planning easy and will guide you through the process, ensuring your plan is tailored to your unique needs and goals. Whether you are creating a will, establishing a trust, planning for incapacity, or reviewing existing documents, we are here to provide the personalized guidance you need. Reach out today to schedule a consultation and take the next step to give your family peace of mind.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families make estate planning easy.