This article provides information and answers on a power of attorney in Texas, including what it does, how to end it, and what are the advantages of a power of attorney. This article was written by the Legal Hotline for Texans at the Texas Legal Services Center. [2]
A Power of Attorney is a legal document that gives someone else the legal power to act on your behalf. The person appointed in the power of attorney is called the agent. The person who signs a power of attorney making someone else their agent is called the principal. A person does not have to be a lawyer to be appointed as an agent.
Powers of attorney:
Estate Planning Kit - GUIDED FORM [3]
Below is a list of requirements for executing a power of attorney:
No. The power of attorney only allows your agent to do the things you want done for you. It does not limit your ability to do things for yourself.
Yes. There are five instances when a power of attorney ends: it ends if it has an ending date; it ends when you become incapacitated if the power of attorney is not a durable one; it ends when you revoke it; it ends when a guardian of the estate is appointed for you; or it ends when you die.
A durable power of attorney does not end if you are incapacitated. A durable power of attorney and a general durable power of attorney are the same thing; the key word is durable. A durable power of attorney can be for business and financial decisions. There are certain requirements:
With a general durable power of attorney, you can say who you want to take care of everything if you cannot take care of your own affairs. If you have a durable power of attorney, the court may not have to name a guardian for you if you become incapacitated. Be warned, however, that there is no law that requires a third party to accept a power of attorney.
Your general durable power of attorney ends if the court names a guardian of your estate. If the court names a temporary guardian, your general durable power of attorney may be suspended.
You have the right to end your power of attorney any time. This is called revoking a power of attorney. If the power of attorney is for a specific amount of time, it will end automatically. You must tell your agent that you are revoking the power of attorney. You must also tell the people working with the agent that you revoked the power of attorney. It is best to prepare a sworn written statement of your revocation. You must have the mental ability to revoke a power of attorney. That is, you must be able to understand what you are doing.
Click here for a sample form to revoke a power of attorney. [4]
Revocation of Power of Attorney - GUIDED FORM [5]
In Texas, this is a standard form provided in the Texas Probate Code. This form gives your agent very broad powers to act in your name. Use it carefully and with caution. Before signing a statutory durable power of attorney, you should ask a lawyer to help you understand the powers that you are giving to the person you have selected.
A person you would trust with your life. Choose this person very carefully. That person can act in your name, as if you were there. In most cases, you are responsible for anything your agent does in your name. Choose someone who is honest and trustworthy. This is especially important if you are signing a general durable power of attorney. Because of the powers that you give to another person, it is highly recommended that you talk to a lawyer before signing any power of attorney.
You should especially speak to a lawyer to prepare a Durable General Power of Attorney. If you are low-income, we may be able to refer you to a lawyer who can do this for free. If you are older and do not live in an area where these services are free, you can pay a reduced fee.
Yes. This is a special power of attorney that only allows your agent to sign a deed for the property. This kind of power of attorney must include a legal description of the property that you want to sell. You must record the power of attorney in the deed records of the county where the property is located. If you wish, you can add an expiration date to the power of attorney.
If your spouse is your agent, the power of attorney ends the day your divorce is granted. If you do not want your spouse’s power of attorney to end when you divorce, make sure to write that in the durable power of attorney. You may also execute a new one after the date of the divorce naming your ex-spouse as your agent.
A business presented with a durable power of attorney (POA) must:
If a certificate or opinion is requested, the POA must be accepted or rejected within 7 business days after receipt of the requested document.
There are 11 statutory reasons a third-party can reject a power of attorney. The following are some of the reasons a third-party can reject a power of attorney:
For a complete list of the statutory reasons a third-party can reject a power of attorney see Texas Estates Code 751.206 Grounds for Refusing Acceptance [6]. If you believe your power of attorney is being wrongly denied, please speak with an attorney about your legal options.
Legal Hotline for Texans [2]: (800) 622-2520 or (512) 477-3950
Call our attorney-staffed legal hotline. Advice is free for Texans 60 and over or for anyone receiving Medicare.
Click Here [4]
Or click below for an interactive guided form.
You can use this tool to create an advance directive, HIPAA authorization, and powers of attorney.
Estate Planning Kit - GUIDED FORM [3]
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Links
[1] https://texaslawhelp.org/directory/legal-resource/legal-hotline-texans-texas-legal-services-center
[2] https://www.tlsc.org/legalhotline
[3] https://texaslawhelp.org/guided-form/interactive-estate-planning-kit
[4] https://texaslawhelp.org/form/sample-revocation-power-attorney
[5] https://texaslawhelp.org/guided-form/interactive-revocation-power-attorney-form
[6] https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm