The holiday season often brings travel, busy calendars, and family members spread across different towns. It's also a time of year when an unexpected illness or accident can leave someone needing help with finances or medical decisions on short notice. That's why fall can be a smart time to pull out your powers of attorney and make sure the people you've chosen are still the right fit, still available, and still prepared to act.
What Each Document Does
In Texas, most people rely on two separate documents. A durable power of attorney lets you name an agent to handle financial and legal matters, such as banking, bills, and property. Under the Texas Estates Code, it must be in writing, signed, and acknowledged before a notary. It can be drafted to take effect right away or only if you become incapacitated.
A medical power of attorney, governed by the Texas Health and Safety Code, lets your agent make health care decisions for you. Your agent can use that authority only after your attending physician certifies in writing that you're unable to make those decisions yourself. Even then, Texas law doesn't allow treatment to be given or withheld over your objection. Many plans also include a directive to physicians, which records your wishes about life-sustaining treatment, along with a HIPAA release so your agents can speak with your health care providers.
An Agent Readiness Check
Choosing an agent is less about who's closest to you and more about who can handle the responsibility well. Start with willingness by asking whether your agent has agreed to serve and understands what the role involves. Availability comes next, since an agent who lives far away, travels often, or is managing their own health or caregiving responsibilities may have a harder time stepping in quickly.
Communication matters too, since your agent may need to work with banks, doctors, and other family members, often during a stressful time. Finally, consider whether your agent understands your priorities, including your values around medical care and how you'd want your money managed.
It's also helpful to know that under Texas law, a durable power of attorney generally doesn't expire just because time has passed. A document signed many years ago may still be in effect and may still name someone you wouldn't choose today.
Why Backup Agents Matter
Texas law allows you to name one or more successor agents. They can step in if your first choice dies, becomes incapacitated, resigns, or declines to serve. Without a backup, your family may be left without anyone authorized to act, which can sometimes lead to a court-supervised guardianship.
Life changes can also affect who's able to serve. For example, suppose you named your spouse as your agent and later divorced. Texas law generally ends a former spouse's authority under both a durable and a medical power of attorney unless the document says otherwise. It's also a good idea to revisit your choices after a move, a new diagnosis, or a shift in family relationships.
Making Sure Your Agent Can Access What They Need
A power of attorney only helps if your agent can find it and use it. Keep your originals somewhere secure that your agent can reach, and let them know where that is. Many people also give a copy of their medical power of attorney to their doctors so it can be added to their medical record. It's also helpful for your agent to have contact information for your banks and health care providers ahead of time.
How Powers of Attorney Fit Into Your Whole Plan
Powers of attorney work during your lifetime, while a will takes effect only after death. If you have a living trust, your successor trustee can typically manage trust assets during incapacity, and your durable power of attorney can cover assets held outside the trust. Together, these documents can help your family avoid guardianship. Texas courts approve a guardianship only after finding that less restrictive alternatives have been considered and aren't feasible.
Reviewing your powers of attorney doesn't have to be complicated, and a short check-in now can give your family clear direction later. We're happy to look over what you have, answer questions about Texas requirements, and help you make updates if they're needed.
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This article is for general informational purposes only and isn't legal advice. Reading it doesn't create an attorney-client relationship. Please consult an attorney about your specific situation.