When life takes an unexpected turn, having a trusted person ready to make decisions on your behalf can make all the difference. That’s where a Power of Attorney (POA) comes into play. At Brandy Austin Law Firm, we often receive questions from clients about what a POA is, when it’s needed, and how to ensure it’s used properly. Whether you’re planning ahead for peace of mind or navigating a loved one’s care, understanding how this legal tool works in Texas is essential. Our Arlington, TX wills lawyer who has been rated by Super Lawyers is here to explain what a POA is:
What Is A Power Of Attorney?
A Power of Attorney is a legal document which should be included in your estate plan that allows you (the “principal”) to appoint someone else (the “agent” or “attorney in fact”) to act on your behalf in specific legal, financial, or medical matters. The authority can be broad or limited, depending on the type of POA and the language used in the document.
Types Of Power Of Attorney In Texas
There are several types of POA, each serving a different purpose:
- Durable Power Of Attorney
This type of Power of Attorney allows your agent to handle your financial matters and remains effective even if you become incapacitated.
- Medical Power Of Attorney
This type gives your agent the authority to make healthcare decisions for you if you are unable to do so. It’s often used in medical emergencies or end-of-life care planning.
- Limited (Or Special) Power Of Attorney
Used for a specific situation or transaction – such as selling a car or managing a bank account while you’re out of the country. Once the task is complete, the POA ends.
- Springing Power Of Attorney
This POA only goes into effect under certain circumstances, usually when you become incapacitated. While useful, it may cause delays since someone must determine and prove incapacity.
Why You Might Need A Power Of Attorney
Life is unpredictable. Illness, injury, or aging can make it difficult – or impossible – to handle your own affairs. A POA ensures someone you trust can step in and manage your responsibilities without requiring court intervention. Common situations include:
- Managing bills, banking, or investments during hospitalization
- Helping aging parents manage their finances
- Making medical decisions during a crisis
Without a POA in place, your loved ones may have to go through a costly and time-consuming guardianship process in court to obtain the same authority.
How To Create A Power Of Attorney In Texas
To create a valid POA in Texas:
- You must be of sound mind and at least 18 years old
- The POA must be writing, signed by you, and notarized
- For medical POAs, you must sign before two competent adult witnesses (or a notary)
We help clients tailor POAs to their specific needs. We make sure your document is both legally sound and practical – avoiding vague or risky language that could cause confusion or misuse. We also help you regularly update your estate plan and POA for any life changes you go through.
A Word Of Caution
A POA gives significant power to another person, so choose your agent carefully. Trust, honesty, and good judgement are essential. You can revoke or change your POA at any time, as long as you are mentally competent.
A Power of Attorney is not just a legal document – it’s a safeguard for your future. It protects your wishes, your finances, and your peace of mind. If you or a loved one are considering a POA, contact Brandy Austin Law Firm today. Our experienced attorneys who have received a 10.0 rating from Avvo will help you draft a document that reflects your intentions and stands up to Texas law.
