Power of Attorney
It might be difficult to plan for the worst, but leaving your loved ones without instructions regarding your desires can be a huge burden for them.
While wills and trusts can help your loved ones fulfill your wishes in the event of your death, there are some instances in which you are alive, but unable to take care of yourself. Preparing for moments like these can ensure your interests are protected and your loved ones know what you would want them to do.
What Is A Power Of Attorney?
A power of attorney provides legal authority to someone, called an agent, to act on behalf of another in all financial, medical, and legal matters. There are several types of powers of attorney, each of which determines how the agent will function.
A durable power of attorney allows your agent to assume authority over all your legal matters when you are deemed mentally incompetent. A springing power of attorney grants your agent authority over your affairs the moment you become seriously ill or injured and are unable to take care of yourself.
A nondurable power of attorney assigns the agent the power to handle a specific legal or financial matter. Additionally, nondurable powers of attorney expire, so it’s important to make sure this is the right type of legal instrument to best suit your needs.
How A Lawyer Can Help When Assigning Power of Attorney
In Texas, Texas Estates Code provides a standard form that assigns a statutory durable power of attorney. This type of power of attorney allows the agent very broad power to act in your name. Giving someone such unrestricted power might not be in your best interest.
However, an experienced probate lawyer can draft a customized power of attorney contract with reasonable and specific limits or contingencies on the agent’s legal authority. This is the best way to ensure an agent will not take advantage of his or her position when you are unable to act on your own behalf.
Houston Power of Attorney Lawyers
At Hensley Krueger LLP, our lawyers understand the common pitfalls and shortcomings of poorly written powers of attorney. We can help you establish your wishes and plan to protect your family and interests in the event of your incapacity. Contact us today to schedule a consultation.