Powers of attorney:

• General power of attorney – a general power of attorney gives the agent the authority to act in a broad range of matters. A general power of attorney ends if the principal becomes mentally or physically disabled or incapacitated. 

• Limited or special power of attorney – a limited or special power of attorney gives the agent the authority to handle a specific matter, or for a limited period of time.

• Durable power of attorney – a durable power of attorney is a general power of attorney, but continues if the principal becomes mentally or physically disabled or incapacitated. 

• Springing power of attorney – a springing power of attorney gives the agent authority only if and when the principal becomes disabled or incapacitated. 

• Medical power of attorney – a medical power of attorney gives the agent the authority to make medical treatment decisions for you if you come mentally or physically unable to make your own decisions. 

Estate Planning Kit - GUIDED FORM [3]

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. 

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:

• It must be in writing,
• It must name the person that you want to be your agent, and
• It must say how the power of attorney is to be used.
  • For example:
    • If you want a financial durable power of attorney to continue even if you become disabled, it must say:
      • “This power of attorney is not affected by subsequent disability or incapacity of the principal.”
    • If you want a financial durable power of attorney to start if you become disabled, it should say:​ 
      • “This power of attorney becomes effective on the disability or incapacity of the principal.”
• It must be signed and notarized.

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.

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.

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.

A business presented with a durable power of attorney (POA) must:

1. within 10 days accept the power of attorney or reject the POA and provide a written explanation of the reason for the rejection; 
2. within 10 days request that the agent sign a certificate; 
3. within 10 days request that the agent provide an opinion of counsel; or
4. within 5 days request an English translation if the power of attorney is in another language. 

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:

1. The third-party has good faith belief or knowledge that the POA is no longer valid,
2. The agent is exceeding his or her scope of authority,
3. Elder financial abuse is suspected
4. The principal or agent is suspected of criminal activity,
5. The transaction would violate Texas or federal law, regulation, or ordinance, or
6. There is more than one agent and the third-party is receiving conflicting direction.

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.