Texas Power of Attorney
Putting a plan in place for your future care
Who would you want to make decisions for you if you couldn’t do so yourself? Who would pay your bills or make medical decisions for you?
Life is unpredictable, but a legal safety net for future unknowns can protect you, your family, and your assets.
At the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, our skilled estate planning attorneys work with clients to set up Powers of Attorney. By naming your agents and creating guidelines in advance, you can make sure your wishes are respected in case of the unexpected.
Does your estate plan reflect you or your family? We’re here to help that happen. Our team brings a client-centered approach to setting up estate plans and protecting your legal, medical, and financial needs.
If you need to set up a Powers of Attorney as part of your estate plan, contact us. Our knowledgeable Texas attorneys can walk you through the process.
What Is Power of Attorney in Estate Planning?
Naming someone your Power of Attorney (POA) gives them the ability to make legal decisions for you if you’re unable to do so.
There are several types of Powers of Attorney, and you can set up guidelines for what kinds of decisions your agent can make and when they can make them.
Naming your Powers of Attorney is a critical part of any estate plan. Without a POA in place, courts or medical professionals may end up making decisions for you. While a close family member may be consulted, delays and obstacles in making decisions are common when there’s no guiding Powers of Attorney.
At SMC ESQ PLLC, our Texas estate planning lawyers know how important personalized estate plans are for our clients and their families. Our clients receive a customized approach to their estate reflecting their unique needs, preferences, and family situations.
We know that life constantly changes—and your estate plan should show that. We work with you to ensure your estate plan is always up to date.
The requirements for a Power of Attorney in Texas
To legally grant someone else POA in Texas, you must:
- Be of sound mind and be aware of what you’re doing
- Be eighteen or older
- The POA must have been signed before a notary public
Additionally, if you’re granting someone else the right to conduct real estate transactions for you, you must also file the POA with the county clerk where your property is located.
The requirements for a Power of Attorney in Texas
To legally grant someone else POA in Texas, you must:
- Be of sound mind and be aware of what you’re doing
- Be eighteen or older
- The POA must have been signed before a notary public
Additionally, if you’re granting someone else the right to conduct real estate transactions for you, you must also file the POA with the county clerk where your property is located.
Why You Need to Have a Power of Attorney in an Estate Plan
Without Powers of Attorney in place, you won’t have a legal agent to pay your bills or make decisions about your medical care if you’re unable to do so yourself.
A well-crafted estate plan prepares you and your family for the future. It increases financial privacy, reduces estate tax burdens, legally determines who will take over the family business, clarifies your medical wishes, and identifies your decision-making agents if you become unable to manage your affairs.
If you don’t have a POA and become permanently incapacitated, your family must go to court to determine your legal guardian. Until then, your family won’t be able to act in your stead to meet even the most routine financial obligations, like paying your utility bills.
A POA provides critical guidance to your family on how decisions—whether legal, medical, or financial—should be made in times of high stress and by whom.
If you need to start or update an estate plan in San Antonio or Austin, Texas, our team at SMC ESQ PLLC is here to help.
What it’s like to work with Shann M. Chaudhry Esq., Attorney at Law PLLC
Building lifelong relationships with our clients is the foundation of how we practice law. At SMC ESQ PLLC, we take pride in our commitment to timely and clear communication, as well as our service-based approach.
We guide clients through the estate planning process by breaking it down into phases. We start with a basic estate plan and add complexity as needed. It’s vital that our clients and their families understand the details of their estate plan without feeling overwhelmed.
We know there’s a lot that goes into the estate planning process. That’s why we’re always happy to coordinate with the other advisory professionals you work with to create a comprehensive plan that meets your needs.
What it’s like to work with Shann M. Chaudhry Esq., Attorney at Law PLLC
Building lifelong relationships with our clients is the foundation of how we practice law. At SMC ESQ PLLC, we take pride in our commitment to timely and clear communication, as well as our service-based approach.
We guide clients through the estate planning process by breaking it down into phases. We start with a basic estate plan and add complexity as needed. It’s vital that our clients and their families understand the details of their estate plan without feeling overwhelmed.
We know there’s a lot that goes into the estate planning process. That’s why we’re always happy to coordinate with the other advisory professionals you work with to create a comprehensive plan that meets your needs.
Types of Power of Attorney
Durable Power of Attorney
A Durable POA stays in place as long as the principal (the person it’s for) is incapacitated. A General Durable Power of Attorney allows someone to make business and financial decisions for you.
Durable Powers of Attorney help individuals sidestep the need for a court-appointed guardian. They also allow you to be very specific.
For business owners and other people needing to make regular decisions about their financial affairs, designating a trusted agent to act on your behalf plays an essential role in keeping your business running even during an emergency.
As such, General Durable POAs are an important part of any estate planning conversation.
Durable Power of Attorney
A Durable POA stays in place as long as the principal (the person it’s for) is incapacitated. A General Durable Power of Attorney allows someone to make business and financial decisions for you.
Durable Powers of Attorney help individuals sidestep the need for a court-appointed guardian. They also allow you to be very specific.
For business owners and other people needing to make regular decisions about their financial affairs, designating a trusted agent to act on your behalf plays an essential role in keeping your business running even during an emergency.
As such, General Durable POAs are an important part of any estate planning conversation.
Medical Power of Attorney
A Medical Power of Attorney designates an agent to make medical decisions for you if you become unable to do so yourself. You can also provide guidelines for when your agent can make decisions for you.
Medical POA provides much-needed relief and clarity for family members when your preferences might otherwise be unclear.
For instance, if you’re temporarily incapacitated and don’t have a guardian or representative with Medical POA, then your physician will make medical decisions for you with the cooperation of:
- Your spouse
- One of your available adult children
- One of your parents OR
- Your nearest relative
How to Appoint an Agent for a Power of Attorney
To appoint an agent for Power of Attorney, you must be over eighteen, of sound mind, and sign the POA in front of a notary public. However, the process of choosing an agent requires careful consideration.
Choose an agent who you trust. Talk through your plans with your potential agent to make sure they’re comfortable taking on the responsibility.
Since requirements vary by state and the type of Power of Attorney, we strongly recommend working with an attorney during this process.
At SMC ESQ PLLC, our Texas estate planning attorneys enjoy helping individuals create personalized estate plans—including designating Powers of Attorney and developing guidelines for specific situations where they would or wouldn’t want POA to take effect.
Work with a Trusted Estate Planning Lawyer in San Antonio
If you need an estate planning lawyer in San Antonio or Austin, Texas, the knowledgeable attorneys at the law firm of Shann M. Chaudhry Esq., Attorney at Law PLLC, are here to help. We work with families and individuals to design personalized estate plans and Powers of Attorney.
We offer a communicative and compassionate approach to the estate planning process, and we take pride in truly listening to our clients’ preferences and concerns.
To create a Power of Attorney as part of your estate plan, contact us today. Our experienced Texas attorneys will guide you through the process.
Texas Medical and Durable Power of Attorney FAQs
Is there a difference between a Durable Power of Attorney and a Medical Power of Attorney?
Yes. “Durable POA” is often used to refer to a General Durable Power of Attorney, an estate planning document that designates an agent to act on your behalf when it comes to making financial and business decisions if you’re unable to do so yourself.
A Durable Power of Attorney stays in place so long as you’re incapacitated.
Medical Power of Attorney is a type of Durable POA. A Medical POA is a legal document that grants an agent the right to make medical treatment decisions for you when you’re incapacitated or otherwise unable to make these decisions yourself.
If you need to create Durable Powers of Attorney as part of your estate plan, an SMC ESQ PLLC estate planning lawyer in San Antonio or Austin can help.
How do I get a Medical Power of Attorney in Texas?
To grant someone else Medical POA in Texas, you need to be of sound mind, over eighteen, and sign the POA in front of a notary public. However, your medical agent cannot be your physician or health care provider.
If you believe that a family member or loved one is of unsound mind and needs someone to act as a medical agent for them, you can seek to be appointed a guardian for that person through the Texas courts.
If you need an estate planning lawyer in San Antonio or Austin, SMC ESQ PLLC is here to help. We can guide you through designing your estate plan and setting up Powers of Attorney.
How long is a POA good for in Texas?
In Texas, POA stays in effect unless:
- It’s revoked
- A guardian is appointed
- The principal (the person it’s for) passes on
- It designates an end date
- It’s designated to end when a person becomes of capacity again (i.e., such as a Medical POA that only applies when the principal is under anesthesia)
- It’s designated to end when a person becomes incapacitated, as applies for non-durable POA
If you need to create Texas Powers of Attorney as part of your estate plan, an SMC ESQ PLLC estate planning lawyer in San Antonio or Austin can help. Our knowledgeable and tight-knit team draws on extensive experience and offers a communication-centered approach.