What is a Texas Durable Power of Attorney?
A Texas Durable Power of Attorney is a legal document that allows you to appoint someone else, known as your agent, to make decisions on your behalf if you become incapacitated. Unlike a regular power of attorney, a durable power of attorney remains effective even if you are unable to make decisions for yourself. This ensures that your financial and legal matters can still be managed without interruption.
Who can be appointed as an agent?
You can choose any competent adult as your agent. This could be a family member, a close friend, or even a professional, such as an attorney. It is important to select someone you trust, as they will have significant authority over your financial and legal affairs. You can also designate alternate agents in case your primary agent is unable or unwilling to serve.
What powers can be granted to the agent?
The powers you grant to your agent can be broad or limited, depending on your preferences. Common powers include managing bank accounts, paying bills, handling real estate transactions, and making investment decisions. You can specify exactly what your agent can and cannot do, ensuring that your wishes are respected.
How do I create a Texas Durable Power of Attorney?
To create a Texas Durable Power of Attorney, you will need to complete a specific form that meets state requirements. This form must be signed by you and acknowledged by a notary public. It’s advisable to consult with a legal professional to ensure that the document reflects your intentions and complies with Texas law.
Can I revoke or change my Durable Power of Attorney?
Yes, you can revoke or change your Durable Power of Attorney at any time as long as you are mentally competent. To revoke it, you should create a written document stating your intention to revoke, and notify your agent and any relevant institutions. If you wish to make changes, you can create a new Durable Power of Attorney that outlines your updated wishes.
What happens if I do not have a Durable Power of Attorney?
If you do not have a Durable Power of Attorney and become incapacitated, your family may need to go through a legal process called guardianship to make decisions on your behalf. This can be time-consuming and costly. Having a Durable Power of Attorney in place can help avoid this situation and ensure that your preferences are honored.