How can I ensure the Durable Power of Attorney complies with Texas law and remains effective even if I become incapacitated?

In Texas, any adult can establish a power of attorney. The document must contain one of these declarations:

• “This power of attorney remains valid even if the principal later becomes disabled or incapacitated.” This statement qualifies it as a durable power of attorney, granting the agent authority immediately.
• “This power of attorney will take effect upon the principal’s disability or incapacity.” This condition creates a springing (and also durable) POA, but the agent’s powers are activated only if the principal becomes disabled or incapacitated.

The power of attorney document needs to be properly dated and signed by the principal in the presence of a notary public or another official authorized within Texas or elsewhere to “take acknowledgments to deeds of conveyance” and to administer oaths.

For assistance or further information, contact the Law Office of Dana Baker at 979-310-5507.