What steps should I take to select the most suitable agent for my Durable Power of Attorney in Texas, and what are their legal obligations?

What is a Power of Attorney?

A Power of Attorney is a legal authorization enabling someone to act on your behalf in legal matters. The individual designated in the document is referred to as the “agent,” while the person granting this authority is known as the “principal.” It’s important to note that the agent doesn’t need to be a lawyer.

Types of Powers of Attorney:

• General Power of Attorney: This grants broad authority to the agent over various matters and terminates if the principal becomes incapacitated.
• Limited or Special Power of Attorney: This is for specific tasks or limited time.
• Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated.
• Springing Power of Attorney: Activates only upon the principal’s incapacitation.
• Medical Power of Attorney: Allows the agent to make healthcare decisions on the principal’s behalf if they’re unable to do so.

Legal Requirements for a Power of Attorney in Texas:

• Must be signed in the presence of a notary.
• The principal must be at least 18 and of sound mind.
• For real estate matters, it needs to be filed with the county clerk where the property is located.

Agent’s Role:

The agent acts according to the principal’s wishes and cannot dictate the principal’s actions.

Termination of Power of Attorney:

It can end due to an expiration date, incapacitation (if not durable), revocation by the principal, appointment of a guardian, or the principal’s death.

Durable Power of Attorney:

This type doesn’t end upon the principal’s incapacitation. It requires a written document, naming of an agent, notarization, and specific instructions for its use.

Revoking a Power of Attorney:

The principal can revoke it at any time, provided they are mentally competent. This revocation should be communicated to the agent and relevant parties, ideally through a written statement.

Statutory Durable Power of Attorney:

Defined in the Texas Estates Code, this form gives broad powers and should be used with caution. Legal advice is recommended.

Choosing an Agent:

Select someone trustworthy, as they will have significant authority over your affairs. Consultation with a lawyer is advised, especially for a General Durable Power of Attorney.

Selling Property:

A special power of attorney can be used for selling property and must be recorded in the county where the property is located.

Divorce and Power of Attorney:

A power of attorney granted to a spouse ends upon divorce unless stated otherwise in the document.

Acceptance of Power of Attorney by Businesses:

Businesses in Texas must adhere to specific protocols when presented with a power of attorney, including timely acceptance or rejection with reasons.

For further assistance or legal advice regarding Powers of Attorney in Texas, contact the Law Office of Dana Baker at 979-310-5507.