How to Get Power of Attorney in Texas

Choosing the Appropriate Power of Attorney

Decide what type of power of attorney is right for you. There are different types of powers of attorney that you may want to execute, depending on your situation. Some cover only financial issues, whereas others address health care issues. These powers of attorney can either become effective immediately, or on a future date, when you are unable to make decisions on your own behalf, due to disability, illness, or injury. The state of Texas has established a Statutory Durable Power of Attorney law that allows you to choose the type of power of attorney that best accomplishes your goals.

Consider a Statutory Durable Power of Attorney. A Statutory Durable Power of Attorney or financial power of attorney typically allows your agent to make all financial decisions on your behalf. This gives your agent the power to enter into transactions and make decisions about your bank accounts, real estate, investment accounts, loans, and other debts. The power of the agent to make these decisions continues until a durable power of attorney is revoked or destroyed. A durable power of attorney can give you a certain measure of privacy. If you don't want your affairs to be publicly known, you can designate an agent to handle business and financial matters on your behalf. This is often the case with wealthy people or those individuals who own many assets. The current statutory durable power of attorney form allows you to specifically pick out which powers you want your agent to have. Only the powers you choose will be authorized by the power of attorney form. A typical power of attorney goes into effect immediately. However, a “springing” power of attorney only goes into effect when you become incapacitated and unable to make your own decisions, or on a particular date that you designate.

Determine if a special power of attorney is sufficient. A special power of attorney gives your agent authority only to handle a specified business transaction or set of transactions. For instance, you might grant a special power of attorney to your agent to simply sign a particular contract on your behalf. It also may contain specific dates in which the power of attorney is to be in effect. Once those dates have expired or the specified transaction is complete, a special power of attorney document is no longer valid.

Decide if a healthcare or medical power of attorney is necessary. A healthcare or medical power of attorney gives your agent the right to make medical decisions on your behalf. These decisions might include choosing the facility to treat you, authorizing surgeries and medical procedures, and allowing treatment as recommended by medical professionals. A medical power of attorney only goes into effect when you are incapacitated due to your medical condition and unable to make decisions about your medical care on your own. A healthcare or medical power of attorney is often accompanied by an advance directive, which is sometimes referred to as “A Directive to Physicians and Family or Surrogates.” This document allows you to make certain end-of-life decisions, such as matters related to resuscitation and life support.

Designating an Agent to Make Decisions for You

Find someone you trust. It is difficult to choose just anyone to act for you as your agent. With respect to your finances, you want to make sure that the person you choose is someone is responsible and disciplined enough to handle all matters related to your financial affairs. Likewise, with respect to healthcare decisions, you need to choose a person who is aware of your wishes concerning your healthcare and who will make the appropriate decisions based on those wishes if you are unable to do so. Many people choose a trusted family member or friend to handle their affairs. Some people choose a long-time lawyer or trusted advisor to become their power of attorney.

Designate an adult to be your agent. A power of attorney is not legally valid if it attempts to designate a minor, or a person who is under the age of 18, as your agent. Similarly, you cannot execute a valid power of attorney if you are not an adult over the age of 18.

Choose a neutral person. All too often, individuals fall victim to schemes in which their friends or family members, or sometimes even virtual strangers, persuade them to execute powers of attorney in their favor. Avoid choosing anyone to be your agent who stands to financially gain from making decisions on your behalf.

Discuss all important matters with your power of attorney. You are appointing an agent to make decisions for you so that your express wishes are carried out, despite your inability to make those decisions. If your agent doesn't know how you feel or what you want with respect to a certain issue, the likelihood of your wishes being carried out is slim. If you are executing a statutory durable power of attorney, you should be sure and make your wishes known to your agent about how you want your business matters to be handled. Do not simply take for granted that your agent knows what sort of decisions you would make in certain situations. If you are executing a healthcare or medical power of attorney, specifically talk to your agent about your views on different types of life-sustaining medical treatments. Explain how you feel about these issues and tell them what decisions you would like made on your behalf.

Completing the Necessary Paperwork

Obtain the proper forms. After you have chosen which types of powers that you want to grant your agent whom you wish to be your agent, you will need to ensure that you are executing the proper forms. Different legal forms and documents are available to fit different situations. The most recent versions of these Texas forms are available online at https://texasprobate.com/consumer-forms/disability-planning-forms/. You can get these forms online or have an attorney prepare them. The benefit to having an attorney prepare the forms is that the attorney can evaluate your situation and make sure that you are executing the proper forms based on your situation. Avoid forms that are commonly for sale at office supply stores like Staples or Home Depot. Texas, like many other states, has specific requirements for powers of attorney to be valid. These forms may not be specific to the state of Texas and therefore may not comply with Texas law.

Fill out your forms. You will need to fill out your power of attorney forms completely. It is advised that you have your agent, or the person whom you are granting the powers, present when you decide to fill it out. You also can have your attorney draft the forms for you. If using the statutory form, you will need to affirmatively initial each of the individual powers that you wish your agent to have. Here is the other information that you will need to provide on the forms: Your full name and address The full name and address of the person whom you are designating as your agent The full name and address of the person whom you are designating as your successor agent, or as your second choice to be your agent if the first person whom you chose is unable or unavailable to serve as your agent There is space on the form to specifically describe any additional or more specific powers that you want your agent to have, aside from the powers listed that you have already chosen and initialed. The medical power of attorney form also asks for phone numbers for you, your agent, and your successor agent. There is space on the medical power of attorney form where you can list any limitations that you want to place on your agent in terms of limiting their authority.

Sign your forms in front of a notary public. In Texas, all power of attorney forms need to be notarized. This can be done by going to the nearest bank branch. The bank will usually notarize forms for free if you have an account with them. If you do not have an account with the bank, they may charge you a small fee for notary services. For instance, Bank of America charges $8.50 to notarize documents. Your lawyer's office also is likely to have a notary on staff. The current Texas medical power of attorney forms also require that two witnesses be present when you sign the forms. The witnesses also must give their contact information and sign the forms. The current Texas statutory durable power of attorney forms do not provide for witnesses other than a notary public. Your agent is not required to sign any power of attorney forms.

Notify your agent that you have signed a power of attorney. If your chosen agent is not present when you sign your power of attorney forms, you will need to notify them that you have signed a power of attorney granting them permission to take certain actions on your behalf. This gives the agent notice of their ability to make decisions for you in specific situations.

Safeguarding Your Power of Attorney

Keep the original forms in a safe place. In Texas, you do not have to submit the power of attorney forms to any agency for it to be valid. You just have to keep an original or copies with you at all times in case you may need it in the future. You might want to keep the original document in a safe at home or in a safe deposit box at a bank. If a lawyer drafts a power of attorney for you, they will automatically keep the original documents on file in their office.

Distribute copies of the forms as needed. If necessary, your agent should be able to provide a copy of the form to anyone who requests it. Most agencies or offices will need to see a copy of the power of attorney in order to let your agent operate or make decisions on your behalf. The person whom you have chosen to be your power of attorney should have multiple copies of the forms. You may wish to provide a copy of your power of attorney to offices where your agent may have to do business or make decisions on your behalf. For a healthcare power of attorney, you would want your doctor's office and your local hospital to have copies. For a durable power of attorney concerning business transactions, you would want your bank and investment advisor to have copies. Place a copy of your power of attorneys on file with your lawyer, particularly if they have written a will, trust, or other estate-planning document for you. You generally should also make sure that your spouse and/or adult children have copies of your powers of attorney. If you don't have any such close family members, you might give a copy to a trusted friend or relative. In some cases, you may need to place the original power of attorney on file with your county court.

Revoke your power of attorney if needed. You always have the right to revoke your powers of attorney if you no longer wish your powers of attorney to be in effect. You do not have to give or even have a reason to revoke these documents. There are five different ways that a power of attorney can be become invalid. Destroy the original powers of attorney and all copies. Execute new powers of attorney as you wish and give a copy of the documents to all relevant parties, thereby replacing the existing powers of attorney. Sign a document that revokes the existing powers of attorney and deliver a copy to all relevant parties who might have had a copy of the existing powers of attorney. This includes the person whom you had previously named as your agent. If another person obtains guardianship over you due to your incapacity, the existing power of attorney will be superseded and no longer in effect. Your power of attorney automatically is revoked upon your death.