What is the Texas Power of Attorney?

A Texas Power of Attorney is a legal document used by a person (hereafter referred to as the “principal”) to appoint another person (hereafter referred to as the “representative” or the “attorney-in-fact”) as their legal representative that will act on their behalf in the event that they are unavailable for any reason.

Reasons for a principal’s inability to act or general absence may vary, though the most common tend to be due to illness. Depending on the terms of the Power of Attorney Texas document, the authority granted to the representative may or may not be dependent on the principal’s ability to make decisions with a clear mind and full awareness of what they are doing. In the event that the principal is unable to make their own decisions, a different representative may be appointed through a different document.

The terms within a Power of Attorney in Texas will also determine what kind of Power of Attorney document it will be considered. For example, if the terms in the agreement state that the agreement will take effect after the document is signed, it will be considered a Durable Power of Attorney, while a power of attorney that comes into effect only in the event that the principal is incapacitated is considered a Springing Power of Attorney. Medical Power of Attorney documents also exist for the purpose of allowing a representative to make medical decisions on behalf of the principal.

How to fill out the Texas Power of Attorney?

The Power of Attorney Texas Template is a very simple form to fill out. Make sure to save and download the file in PDF to ensure that all information entered remains intact regardless of how it is submitted or filed.

Make sure that all parties involved have read and agreed to all terms outlined in the Power of Attorney Texas Form to prevent any issues with the agreement’s execution.

Name of Principal

Enter the principal’s full legal name.

Address of Principal

Enter the principal’s street address, city, and state.

Attorney-in-Fact

Enter the attorney-in-fact’s full legal name

Address of Attorney-in-Fact

Enter the attorney-in-fact’s street address, city, and state.

Powers

This section outlines the powers that the principal is granting to the attorney-in-fact as their appointed legal representative. The powers conferred to the attorney-in-fact are the following listed below. Check the box next to the power or powers that the principal is granting to the attorney-in-fact. Leave all other boxes blank.

Power to Make Payments or to Collect Monies Owed

The principal grants the attorney-in-fact the authority to make or collect any necessary payments on behalf of the principal.

Power to Acquire, Lease and Sell Personal Property

The principal grants the attorney-in-fact the authority to acquire, lease, and sell their personal property as they see fit, and perform any procedures and provide any documents involved in the sale or acquisition of such property as they deem necessary.

Power to Acquire, Lease, and Sell Real Property

The principal grants the attorney-in-fact the authority to acquire, lease, and sell their real property as they see fit, and perform any procedures and provide any documents involved in the sale or acquisition of such property as they deem necessary.

Management Powers

The principal grants the attorney-in-fact the authority to maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any other manner deal with real or personal property as they see fit.

Banking Powers

The principal grants the attorney-in-fact the authority to open and close accounts, make, receive, and endorse checks and drafts, and to deposit and withdraw funds as necessary.

Motor Vehicles

The principal grants the attorney-in-fact the authority to apply for a certificate of title upon, and endorse and transfer title thereto, for any vehicle, and to represent in any such transfer or assignment that the title to said motor vehicle is free and clear of all liens and encumbrances.

Tax Powers

The principal grants the attorney-in-fact the authority to act without restriction on their behalf on any matters regarding federal income taxes, state and local income taxes, estate, gift, and all other tax returns. They are also granted the power to amend the Internal Revenue Service form Power of Attorney as they see fit.

Safe-Deposit Boxes

The principal grants the attorney-in-fact the authority to have access at any time to any safe-deposit box rented by the principal or that the principal has access to.

Gift Making Powers

The principal grants the attorney-in-fact the authority to make gifts, grants, or other transfers without consideration, either outright or in trust to such person(s) or organizations as they select.

Lending and Borrowing

The principal grants the attorney-in-fact the authority to make loans and to borrow money in their name, individually or jointly with others, to give promissory notes or other obligations, therefore, and to deposit or mortgage as collateral for security for the payment thereof any and all of the principal’s securities, real estate, personal property, or other property, as they see fit.

Contracts

The principal grants the attorney-in-fact the authority to enter into contracts of whatever nature or kind in their name.

Health Care

The principal grants the attorney-in-fact the authority to take any and all steps necessary to arrange for the principal’s admission into any type of health care facility, and to authorize the release of their medical records at their discretion.

Health Insurance Portability and Accountability Act

The principal grants the attorney-in-fact all the power and authority as their personal representative for all purposes of the Health Insurance Portability and Accountability Act (HIPAA).

Power to Hire and Pay for Services

The principal grants the attorney-in-fact the authority to retain such accountants, attorneys, social workers, consultants, clerks, employees, workers, or other persons as they deem appropriate and necessary in connection with the management of the principal’s property and affairs. The attorney-in-fact is also authorized to make payments from the principal’s assets for the fees of such employed persons.

Reimbursement of Attorney-in-Fact

The principal will reimburse the attorney-in-fact for any reasonable expenses incurred in connection with their services.

Power to Sue Third Parties Who Fail to Act Pursuant to Power of Attorney

The principal grants the attorney-in-fact the authority to sue any third party that refuses to recognize the attorney-in-fact’s authority to act on the principal’s behalf.

Other

Enter any other powers that the principal wishes to grant the attorney-in-fact.

Interpretation and Governing Law

This section declares that this document should be construed and interpreted as a general non-durable power of attorney, and that the general powers granted to the attorney-in-fact will not be affected by the powers granted to them as indicated above. The principal also directs that this document should be given full force and effect in any state or country in which they find themselves or in which the principal owns the property. The attorney-in-fact is directed to not be required to give bond, and in the event that such bond is required by law and cannot be waived, that no sureties be required of them. Photocopies of this document will have the same power and effect as the original.

Effective Date and Termination

Enter the initials of the principal in one of the following that indicates when this document will become effective:

Upon the date of this document with the principal’s authorization
The following date (Enter the date in the space provided)

Then enter the initials of the principal on one of the following that indicates when this document will be terminated (cease to take effect):

On the following date (Enter the date in the space provided)
When the principal makes a written revocation
When and if the principal becomes incapacitated and unable to make decisions as determined by a physician.

Third Party Reliance

This section declares that no third party that acts in reliance upon the representations of the attorney-in-fact or the authority granted by this document will incur any liability to the principal or the estate as a result of such actions. The principal hereby ratifies and confirms anything that the attorney-in-fact lawfully does under this document.

Date of Execution or Filing

Enter the date that this document was filed or executed.

Principal Printed Name

Have the principal enter their name on the space provided.

Principal Signature

Have the principal sign the form in the space provided.

Acceptance of Appointment

Enter the name of the attorney-in-fact appointed through this document.

Attorney-in-Fact Printed Name

Have the attorney-in-fact enter their name on the space provided.

Attorney-in-Fact Signature

Have the attorney-in-fact sign the form in the space provided.

Witness

The signing of the Texas Power of Attorney Letter must be witnessed by at least two disinterested parties.

Witness Signature

Have the witnesses sign the form in the spaces provided.

Witness Address

Enter the address of each witness in the spaces provided.

Acknowledgement of Notary Public

County

Enter the name of the country that this document is being notarized in.

Date

Enter the date that this document was notarized.

Principal Name

Enter the name of the principal.

Notary Public

Have the notary sign or stamp the form in the space provided.

Commission Expiry

Enter the date that the notary’s commission expires.

Frequently Asked Questions About the Texas Power of Attorney

What are some tips when filling out the Texas Power of Attorney?

The Texas Power of Attorney PDF is a very simple form to fill out. However, it is vital to make sure that all parties involved have read and understood all of the terms included in the document, especially the nature of the powers being granted to the attorney-in-fact. This is extremely important to ensure that the appointed attorney-in-fact is aware of what they are and are not authorized to do, and to protect the principal in the event that the appointed representative does something that is not part of the authorizations granted to them.

Legal advice. It may be beneficial to seek legal advice in order to look over the powers that the principal intends to grant to the attorney-in-fact and the effective and termination dates of the document. This will help to ensure that all terms in the document and the powers being granted to the attorney-in-fact are reasonable and fair.

Practice good contract management. Create copies of the accomplished Texas Power of Attorney Template and store them in a safe and organized area. This will be useful in the event that something happens to the original, or if additional copies are needed for future legal purposes.

Who uses the Texas Power of Attorney?

The Texas Power of Attorney is typically used by individuals who are unable to make decisions for themselves, such as those who are incapacitated or have dementia. The Power of Attorney can also be used by individuals who want to appoint someone else to make decisions on their behalf, such as when they are out of the country or otherwise unable to make decisions themselves.

How is the Texas Power of Attorney different from other Powers of Attorney?

The Texas Power of Attorney is unique in that it allows the person appointed (the "agent") to make decisions on behalf of the individual appointing them (the "principal"), even if the principal is incapacitated or unable to make those decisions themselves. Other Powers of Attorney, such as the Durable Power of Attorney, typically only allow the agent to act on behalf of the principal when the principal is able to make decisions for themselves.

What authority does the agent have under a Texas Power of Attorney?

The agent appointed under a Texas Power of Attorney has whatever authority is granted to them by the principal in the document. This can include authority over the principal's finances, healthcare, and/or property. The agent can also be given the authority to make decisions on behalf of the principal in the event that the principal becomes incapacitated or unable to make those decisions themselves.

What are the types of power of attorney?

There are two types of power of attorney:

General power of attorney — This type of power of attorney gives the agent broad powers to handle the principal's financial affairs. It allows the agent to do almost anything that the principal could do, including entering into contracts, buying and selling property, and handling banking and investment accounts.
Special power of attorney — This type of power of attorney is more limited in scope than a general power of attorney. It gives the agent authority to perform specific tasks on behalf of the principal, such as selling a piece of real estate or handling a bank account during the principal's travel abroad.

There are also other types of power of attorney that are used for specific purposes, such as:

Medical power of attorney — This type of power of attorney appoints an agent to make healthcare decisions on behalf of the principal in the event that the principal is incapacitated and unable to communicate his or her wishes.
Durable power of attorney — This type of power of attorney remains in effect even if the principal becomes incapacitated. It is often used to appoint an agent to manage the principal's financial affairs if the principal is no longer able to do so.
Nondurable power of attorney — This type of power of attorney ceases to be effective if the principal becomes incapacitated. It is typically used for situations where the agent only needs to act on behalf of the principal for a short period of time, such as when the principal is traveling out of the country.

These are just some of the more common types of power of attorney. There are many others that can be tailored to fit the specific needs of the principal and the situation. You should consult with an attorney to determine which type of power of attorney is right for you.

What is the best power of attorney to have?

There are several different types of power of attorney, each with its own advantages and disadvantages. The best type of power of attorney for your needs depends on your specific situation.

One type of power of attorney is the general power of attorney. This type gives the person you designate (the "agent") broad authority to handle your affairs. The agent can do almost anything that you could do yourself, including signing contracts, buying or selling property, and managing bank accounts.

A general power of attorney is often used when someone is going to be out of town for an extended period of time and needs someone to handle their affairs in their absence. It can also be used if someone becomes incapacitated and is unable to make decisions for themselves.

Another type of power of attorney is the limited power of attorney. This type gives the agent more limited authority than a general power of attorney. The agent can only handle specific tasks that you authorize them to do.

A limited power of attorney is often used when someone needs someone to handle a specific task for them, such as selling a piece of property or signing a contract. It can also be used if you only want the agent to have authority for a short period of time.

A third type of power of attorney is the Durable Power of Attorney for Health Care. This type gives the agent the authority to make medical decisions on your behalf if you are unable to do so yourself.

A Durable Power of Attorney for Health Care is often used if someone becomes incapacitated and is unable to make their own medical decisions. It can also be used if someone is going to be out of town and needs someone to make medical decisions in their absence.

The best type of power of attorney for you depends on your specific situation. You should consult with an attorney to determine which type of power of attorney would be best for you.

What is the difference between special power of attorney and general power of attorney?

A special power of attorney is a legal document that gives someone else the authority to act on your behalf in specific situations. A general power of attorney, on the other hand, is a document that gives someone else the authority to act on your behalf in general situations.

The main difference between the two documents lies in the scope of authority that is granted by each one. A special power of attorney may grant limited authority to another person, such as the power to sell a specific piece of property. A general power of attorney, however, grants broad authority to another person, such as the power to manage all of your finances.

Another key difference between special and general powers of attorney is that a special power of attorney is typically used for a specific transaction or period of time, while a general power of attorney is often used for ongoing matters.

It's important to note that, in both cases, the authority granted by the power of attorney can be revoked by the person who created it at any time.

When choosing whether to give someone a special or general power of attorney, it's important to consider the level of trust you have in the person you're appointing as your agent. You should also carefully consider the scope of authority you're comfortable granting them. If you have any questions, it's best to consult with an experienced attorney.

Who can be a power of attorney?

In order to be a power of attorney, or POA, you must be 18 years of age or older and have the mental capacity to understand the nature and consequences of your actions. You also must be willing and able to accept the responsibilities of this role.

The person who appoints you as their POA is called the principal. The principal must sign a document appointing you as their POA. This document will specify the legal authority that you have been granted.

Do I need a power of attorney if I have a will?

The answer to this question depends on the circumstances. If you have a will, you may not need a power of attorney. However, if you have a complex financial situation or expect to be incapacitated, you may need a power of attorney in addition to a will. Speak with an experienced estate planning attorney to determine whether you need a power of attorney.

Can I do power of attorney myself?

Yes, you can. However, it is strongly recommended that you consult with an attorney to ensure that your power of attorney is valid and meets your specific needs. Additionally, some financial institutions may require that the power of attorney be notarized or witnessed by a bank representative. Therefore, it is always best to check with your financial institution beforehand to see if they have any special requirements. Finally, while you can technically revoke your power of attorney at any time, it is much simpler to do so if you have an attorney's help.

What is the purpose of a general power of attorney?

A general power of attorney is a legal document that gives another person the authority to act on your behalf in financial and legal matters. This can be helpful if you are unable to handle your own affairs due to illness, injury, or being out of the country. It can also be used as a planning tool, allowing you to designate someone to manage your affairs in case you become incapacitated.

The individual you appoint as your agent is called your “attorney-in-fact.” This person can be anyone you trust, such as a spouse, adult child, close friend, or professional advisor. You should choose someone who is responsible and has the time and ability to handle your affairs.

You can give your attorney-in-fact broad powers to handle all of your financial and legal matters, or you can limit their authority to specific tasks. For example, you may give them the authority to buy or sell property, sign documents on your behalf, or access your bank accounts.

You can revoke a power of attorney at any time as long as you are mentally competent. You should also notify your attorney-in-fact that the power of attorney has been revoked. If you have any questions about general powers of attorney or would like help drafting one, you should consult with an experienced estate planning attorney.

A general power of attorney can be used for a variety of purposes. For example, you may use it to:

Buy or sell property
Sign documents on your behalf
Access your bank accounts
Make medical decisions on your behalf
Handle other financial and legal matters

What does a power of attorney allow you to do?

A power of attorney allows you to appoint someone else to make decisions on your behalf. This can include financial, legal, and medical decisions. You can give someone power of attorney for a specific task or for all decision-making.

Why would you give someone power of attorney?

There are many reasons why you might give someone power of attorney. For example, if you become incapacitated, you may want to appoint someone to make decisions on your behalf. Or, if you’re going to be out of the country for an extended period of time, you may want to appoint someone to handle your affairs in your absence.

Who makes decisions if no power of attorney?

If an individual becomes incapacitated and has not designated a power of attorney, then a court may appoint a guardian to make decisions on their behalf. The guardian will be responsible for making financial, medical, and living decisions for the individual. In some cases, multiple guardians may be appointed to handle different aspects of the individual's life.

How do you activate a power of attorney?

A power of attorney can be activated in a number of ways, depending on the type of power of attorney and the wishes of the person who created it. For example, a durable power of attorney can be activated by the person who created it simply telling the agent that they want the agent to start acting on their behalf. Other types of powers of attorney may require that the person who created them sign a document authorizing the agent to act. Still, others may require that the agent take some specific action, such as presenting the power of attorney to a bank or other institution, before it becomes effective.

Does power of attorney have the right to bank accounts?

There is no definitive answer to this question since it can depend on the specific details of the power of attorney arrangement. However, in general, if a power of attorney has been granted access to an individual's bank accounts, then they would likely have the ability to withdraw or transfer funds from those accounts. It is always best to consult with an attorney or financial advisor to determine what powers a power of attorney holder may have in regard to your specific situation.

Does power of attorney override a will?

A power of attorney is a legal document that allows someone else to act on your behalf. A will is a legal document that outlines your wishes for how your assets should be distributed after you die.

In most cases, a power of attorney will not override a will. However, there are some situations in which a power of attorney could override a will. For example, if you give someone power of attorney and then later make a will that contradicts the power of attorney, the court may decide that the will takes precedence.

It's important to consult with an experienced estate planning attorney to ensure that your wishes are carried out according to your wishes, whether through a power of attorney or a will.

What are the disadvantages of power of attorney?

There are a few potential disadvantages of having power of attorney, including:

The person you appoint as your agent may misuse their power.
Your agent may abuse their position by taking advantage of you financially.
You may lose some control over your affairs if you grant someone power of attorney.
There is a risk that your agent may make decisions that are not in your best interests.
If you have more than one agent, they may disagree about how to handle your affairs, which could cause confusion and conflict.
You may revoke or cancel your power of attorney at any time, as long as you are mentally competent to do so.
If you die, your power of attorney automatically expires.
Your agent is not obligated to act on your behalf and can resign at any time.
If your agent is unavailable or unable to act, your affairs may be left in limbo until they are able to resume their duties or someone else is appointed.
There may be fees associated with having power of attorney, such as annual registration fees or charges for certified copies of the document.

These are just some of the potential disadvantages of having power of attorney. It's important to weigh all the pros and cons before deciding whether or not to grant someone this legal authority over your affairs.

How often do you have to renew a power of attorney?

In general, a power of attorney must be renewed every four years. However, if the principal is incapacitated, the power of attorney will need to be renewed more frequently. It is important to keep track of the expiration date and make sure to renew the power of attorney before it expires. If the power of attorney expires, the agent will no longer have the authority to act on behalf of the principal.

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Fillable Form Texas Power of Attorney