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Kelsey, Kelsey & Hickey, PLLC - Estate Planning

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Whether you’re preparing legal documents or resolving a serious dispute, our attorneys offer the reliable and practical counsel you need to get results.

Over 100 Years Of Combined Experience

Why are powers of attorney important?

Regardless of your age and health, you may – from time to time – think about who will handle your affairs if you can no longer do so yourself. While you may have an individual or two in mind, it is important that you appoint them to their roles in writing. To do so, you must use powers of attorney documents. Before naming your agents and signing these documents, it is important to understand how they work in Texas.

Understanding what powers of attorney accomplish

Several different types of powers of attorney exist in Texas. In a general power of attorney, you will appoint an agent – likely a trustworthy relative or associate – to manage your personal affairs if you become incapacitated or disabled. In a medical power of attorney, you will appoint an agent to handle decisions related to your medical treatments in these events. While you can appoint different agents in these documents, you can name the same person in both if you so choose.

It is less likely that you will need a limited power of attorney as part of your estate plan. Yet, a limited power of attorney can be helpful if you need an agent to manage your affairs for a specific period, such as if you are out of the country and are unable to attend to them. It can also be helpful if you need an agent to take care of a specific matter for you

How durable and springing powers of attorney work

You may want to make your general power of attorney durable, meaning that it will continue if you become incapacitated or disabled. To ensure this happens, though, you must indicate your intentions using specific language in your power of attorney document. Otherwise, your general power of attorney will end in these events. In Texas, your medical power of attorney will not end if you become incapacitated or disabled.

You also have the option of making your durable general power of attorney springing. If you do, it will only go into effect if you become incapacitated or disabled.

By having powers of attorney in place, you will ensure that someone will take care of your personal and medical affairs for you if you can no longer do so. A legal professional can help you make sure your powers of attorney are valid and enforceable.