Power of Attorney Types: Making the Right Choice
Understanding the different types of power of attorney (POA) in Texas is crucial for protecting your interests and ensuring your wishes are carried out. Each type serves distinct purposes and grants specific levels of authority to your chosen agent.
Understanding Texas POA Requirements
To create a valid power of attorney in Texas, you must:
Be at least 18 years old
Be of sound mind when creating the document
Have the document notarized
For medical POAs, obtain two witnesses (one must be "disinterested")
Types of Power of Attorney
Durable Power of Attorney: This POA continues even if you become incapacitated, remaining effective until your death or formal revocation. It provides broad financial powers and serves as a crucial estate planning tool.
General Power of Attorney: While offering comprehensive authority over financial, business, and legal matters, this POA terminates if you become incapacitated. It's useful for temporary situations where broad powers are needed.
Limited (Special) Power of Attorney : This POA grants authority for specific tasks or transactions only. Once the designated purpose is accomplished, the authority expires. Common uses include real estate transactions or vehicle sales.
Medical Power of Attorney : Also known as an advance directive, this allows your agent to make healthcare decisions when you cannot communicate your wishes. It works alongside other healthcare directives.
Springing Power of Attorney : This POA becomes effective only when specific conditions occur, typically mental incapacity confirmed by physicians.
Learn more about protecting your future through comprehensive estate planning services.
Choosing Your Agent
Consider these factors when selecting an agent:
Must be at least 18 years old
Should be trustworthy and responsible
Must understand your wishes
Should be willing to serve in this role
Must be capable of making difficult decisions
When POAs Terminate
A power of attorney ends under these circumstances:
Principal's revocation
Principal's death
Guardian appointment
Agent's authority termination without replacement
Completion of specified task (for limited POAs)
Ready to establish your power of attorney? Contact us to discuss which POA best suits your needs.
This article provides general information and should not be considered legal advice. Consult with a qualified attorney for guidance specific to your situation.
