Texas Power of Attorney - The Forms You Need
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A power of attorney is a legal document that gives a designed person the authority to act on another named person's behalf. The person designated to act is the agent, and the grantor of the power is the principal.
A general power of attorney gives the agent a broad range of powers to act on the principal's behalf. A general power of attorney ends if the principal dies or becomes incapacitated.
A limited power of attorney gives the agent authority to do only the specific tasks listed in the legal document. A limited power of attorney also terminates if the principal dies or becomes incapacitated. An example of a limited power of attorney is to give a family member the authority to cash rental income checks for the aging relative.
A durable power of attorney allows a principal to designate an agent to do a broad range of tasks, or only the tasks specified in legal document. A durable power of attorney differs from a general or limited power of attorney in that it continues even if the principal become incapacitated. Many families use a durable power of attorney to assist aging or ill relatives with managing their property and financial affairs.
A medical power of attorney or designation of health care agent is where the principal gives the agent the power to make medical healthcare decisions for the principal should the principal been deemed unable to do so by a healthcare profession. This power of attorney is limited to medical decisions.
WHAT IS REQUIRED TO MAKE IT LEGAL?
A power of attorney must be signed by all parties, over the age of 18, and be notarized for it to be an enforceable legal document that can be presented to third parties. To avoid the appearance of fraud or duress, you should be transparent with immediate family members so they are aware of the power of attorney and don't try to dispute it later. If there is any concern, you can video the principal signing and/or have witnesses to use in the event of a future dispute.
CAN A POWER OF ATTORNEY BE REVOKED AT ANY TIME?
Yes, a power of attorney can be revoked at any time by the principal. The revocation must be in writing, signed by the principal, and notarized. You will need attorney assistance to revoke a durable power of attorney after the principal becomes incapacitated.
You can download a free Texas durable power of attorney here:
You can download a free medical power of attorney here:
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