Skilled Estate Planning Attorneys

Power of Attorney

A power of attorney is an instrument in writing by which one person, as principal, appoints another as agent, and it gives the agent authority to perform certain specified acts or kinds of acts on behalf of the principal. The person holding a power of attorney is known as an “attorney in fact” or “agent.” We have found that many clients want to appoint someone to act for them, particularly in the event of disability.

Generally, a power of attorney terminates on the disability of the principal. Texas law provides, however, that a power of attorney will be effective during the principal’s disability provided that the instrument is notarized and contains the words “This power of attorney shall not terminate on disability of the principal.”

Durable Power of Attorney

Being “durable” means that the power of attorney does not expire if the principal becomes incapacitated. Thus, a durable power of attorney lasts for a lifetime or until it is revoked.

A durable power of attorney is defined as a written instrument that:

  • Designates another person as attorney in fact or agent;
  • is signed by an adult principal;
  • contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal,” or “This power of attorney becomes effective on the disability or incapacity of the principal,” or similar words showing the principal’s intent that the authority conferred on the attorney-in-fact or agent shall be exercised notwithstanding the principal’s subsequent disability or incapacity; and
  • is acknowledged by the principal before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state or any other state.

Medical Power of Attorney

A medical power of attorney is an instrument in writing by which you, as principal, appoint another as your agent to make health care decisions if you are incapable of doing so or are incapable of communicating with your physician. Unlike most Directives to Physicians, a Medical Power of Attorney is not limited to cases of terminal illness. This document may relieve family stress and keep others from struggling to decide another’s wishes.

If you believe that a power of attorney is a suitable option for your estate plan, please contact The Zendeh Del Law Firm, PLLC today.

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