Power of Attorney in Texas: What You Need to Know
A Power of Attorney (POA) is a legal document that allows you to appoint a trusted individual to make decisions and take action on your behalf. This authority can include financial, legal, real estate, and medical decisions, depending on how the document is drafted. Power of Attorney planning is a critical part of any comprehensive estate plan, especially if you become incapacitated or unable to manage your own affairs.
At The Law Office of Steve Ortega, PLLC, we help individuals and families create customized Power of Attorney documents that protect their interests and comply with Texas law.
What Does a Power of Attorney Cover?
A properly drafted Power of Attorney can grant authority over a wide range of matters, including but not limited to:
-Real estate transactions and property management
-Banking and financial decisions
-Asset management and investments
-Making or managing gifts
-Medical and healthcare decisions
-Guardianship-related matters
The scope of authority can be broad or limited, depending on your needs and goals.
Types of Power of Attorney in Texas
Texas law recognizes several types of Power of Attorney, each designed for different situations:
Limited Power of Attorney
A Limited Power of Attorney allows an agent to act only for a specific purpose or for a limited period of time, such as completing a real estate transaction or handling a single financial matter.
General Power of Attorney
A General Power of Attorney grants broad authority over financial and legal matters. However, under Texas law, this authority typically ends if the principal becomes incapacitated, unless it is made durable.
Durable Power of Attorney
A Durable Power of Attorney remains effective even if the principal becomes disabled or incapacitated. This is one of the most common and important estate planning tools in Texas.
Springing Power of Attorney
A Springing Power of Attorney only becomes effective upon the occurrence of a specific event, such as a medical determination of incapacity.
Medical Power of Attorney
A Medical Power of Attorney authorizes a trusted person to make healthcare decisions if you are unable to communicate or make medical choices for yourself.
How to Obtain a Power of Attorney
A Power of Attorney can be established in several ways, including:
-When the principal is of sound mind and legal capacity
-As part of a broader estate plan, including a Living Will or Advance Directive
-Through court-appointed arrangements such as conservatorship, when necessary
Proper legal guidance is essential to ensure the document is valid, enforceable, and aligned with your wishes.
Speak With a Texas Power of Attorney Lawyer
Creating a Power of Attorney is not a one-size-fits-all decision. The document must be carefully drafted to reflect your goals and protect your rights.
Contact The Law Office of Steve Ortega, PLLC today to speak with an experienced Texas estate planning attorney and get help creating a Power of Attorney that gives you peace of mind and protects your future.