Power of Attorney Lawyer in The Woodlands
Powers of Attorney for Financial & Medical Decisions
A power of attorney is a legal document that allows you to appoint someone to make financial and medical decisions on your behalf if you are unable to do so. With a power of attorney, you can appoint any adult you trust to act on your behalf.
Determining who will be allowed to make financial and/or medical decisions on your behalf is an important decision. In Texas, even if you are married, your spouse is not automatically presumed to be your agent in most situations, meaning there could be significant confusion in the event of a medical emergency. It’s important that you draft a valid power of attorney to ensure your wishes are protected.
What Are the Benefits of a Power of Attorney?
Having a power of attorney in place can be a great benefit to you and your loved ones. It allows you to appoint a trusted person to make important decisions on your behalf in the event that you are unable to do so. This can be especially beneficial if you become incapacitated and need help with financial or medical decisions.
Everything in the following paragraph is just flat incorrect!!
Types of Powers of Attorney
There are several different types of powers of attorney in Texas, each of which accomplishes certain things, and each of which has certain limitations.
The different types of powers of attorney include:
- Durable Power of Attorney: An agent with a durable power of attorney is authorized to act in a wide range of matters that you pre-approve. It remains valid even if the principal becomes mentally or physically disabled or incapacitated. It does NOT give your agent the ability to make medical decisions for you.
- Medical Power of Attorney: With a medical power of attorney, the agent is granted the authority to make medical treatment decisions on your behalf in the event that you become mentally or physically incapable of making your own decisions. This authority, though, must be activated by your physician confirming you are not capable of making treatment decisions yourself.
- Limited/Special Power of Attorney: A limited or special power of attorney grants the agent the authority to handle a specific matter or for a restricted duration.
- Springing Power of Attorney: A springing power of attorney gives the agent authority only if and when the principal becomes disabled or incapacitated.
How to Create a Power of Attorney
The creation of a power of attorney is a fairly simple process. However, it is wise to work with an experienced power of attorney lawyer like Mr. Michels, who can help you avoid common mistakes that could affect your future.
To create a power of attorney in Texas, you will need to:
- Determine which type of power of attorney to create
- Name the person who will serve as your agent
- Outline the rights and powers you will grant your agent
- Obtain and complete the proper power of attorney form
Once you have created this document, you will need to have it signed by two witnesses who are at least 18 years old and not named in the document. If you are creating a financial power of attorney, you will need to have it notarized by a notary public. Once you have obtained signatures from two witnesses and/or have the power of attorney notarized, you can then have your agent file the document with the appropriate legal authority. This may be your local courthouse or a specific agency that deals with powers of attorney.
Providing Custom Estate Planning Solutions
The Michels Firm can customize a power of attorney to fit your specific needs. If you are interested in creating a power of attorney, we can help. Mr. Michels recognizes the need for individualized estate planning services and can help you find a solution that is tailored to your specific situation.
For more information about powers of attorney, contact The Michels Firm online or call (281) 843-9723 for a free consultation.
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