Estate planning is more than just about a “will”. One of the key documents is a “Power Of Attorney”, which determines who takes financial, legal, and medical decisions for you if you are incapacitated or unable to make your own decisions. If you are looking to get a power of attorney, your immediate step should be contacting a lawyer. Law firms, like Weisinger Law Firm, PLLC, advise and work with people, helping them plan their estate and other relevant documents. In this post, we are sharing a few aspects about getting a power of attorney in Texas.
Who can get a power of attorney?
Almost anyone who is mentally sound can have a ‘power of attorney’. This may refer to a durable power of attorney, medical power of attorney, or both. In Texas, a power of attorney can be given to any person or entity. Even if you have a durable power of attorney, you have the right to change or revoke the same as you wish. It is a completely flexible legal document. While this is an absolute document, there are times when a doctor can override it (if there is an existing medical directive, for example).
Basic things to know
As we mentioned, the Power of Attorney can be given to any person, including your girlfriend. The person doesn’t have to be legally related to you. One with the Power of Attorney can be a beneficiary in your estate plan. Also, you have the right to take legal action against someone who has the Power of Attorney. Note that the document allows a person to make all financial decisions, including opening a bank account in your name. If the document allows them to get money for their work, they can get that payment from your bank.
The limitations
A durable Power of Attorney doesn’t allow the person to make medical decisions. It only allows room to make legal and financial decisions. The document cannot override a living will if you have both. Also, the person with the Power of Attorney cannot make changes to your existing will. There are other limitations to the document. For instance, the person with the Power of Attorney cannot open a joint bank account or take money from your resources.
Get an attorney if you have decided on estate planning. They can guide you on how you can create a will and a Power of Attorney that’s ideal for your wishes and circumstances.
