Powers of Attorney in Texas That Protect You While You’re Alive
What Is a Power of Attorney in Texas?
A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you’re unable to do so yourself. In Texas, there are two primary types: a Durable Power of Attorney for financial and legal matters, and a Medical Power of Attorney for healthcare decisions. These documents are critical because they protect you during your lifetime — covering situations a will cannot, such as illness, injury, or cognitive decline.
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Why Powers of Attorney Are a Critical Part of Estate Planning
Many people assume estate planning only applies after death, but incapacity planning is just as important. Without valid powers of attorney, your loved ones may be forced to seek court involvement to manage your affairs — even in emergencies. Properly prepared POAs ensure bills get paid, medical decisions are respected, and your family avoids unnecessary stress or legal delays.
Durable Financial Power of Attorney
This document authorizes someone you trust to manage financial matters such as banking, real estate, and bills if you’re incapacitated. In Texas, a durable POA can take effect immediately or only upon incapacity, depending on how it’s drafted.
Medical Power of Attorney
A medical POA allows your chosen agent to speak with doctors and make healthcare decisions when you cannot. This ensures your treatment aligns with your wishes and values.
Avoiding Guardianship
Without POAs, families often must pursue court-appointed guardianship to handle financial or medical decisions — a costly and time-consuming process that planning can often prevent.
Texas-Specific Considerations You Should Know
Texas provides statutory forms for durable powers of attorney, but those forms don’t fit every situation. Custom drafting allows you to:
- Limit or expand specific powers
- Authorize or restrict gifting authority
- Choose immediate or “springing” effectiveness
- Coordinate POAs with Medicaid or long-term care planning
We ensure your documents meet Texas legal requirements and actually work when needed — not just on paper.
Advance Healthcare Directives and Supporting Documents
In addition to powers of attorney, we prepare documents that clearly express your healthcare wishes.
Advance Healthcare Directive (Living Will)
This document states your preferences regarding life-sustaining treatment, helping loved ones and doctors honor your wishes during serious medical situations.
HIPAA Authorization
HIPAA releases allow your chosen agents to access medical information so they can communicate effectively with healthcare providers.
Together, these documents ensure your voice is heard even when you cannot speak for yourself.
Do You Still Need a POA If You Have a Will?
Yes. A will only takes effect after death. Powers of attorney work during your lifetime — covering critical gaps if you’re alive but unable to act. For example, a will won’t help if you suffer a stroke and can’t manage finances, but a POA will. These documents complete your plan and protect you from life’s unexpected turns.
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What to Expect When Preparing Powers of Attorney
We make this process simple and reassuring, with clear explanations at every step.
Consultation
We discuss your concerns, family dynamics, and who you trust to act on your behalf.
Custom Drafting
Your POAs and directives are drafted to reflect your wishes and comply with Texas law.
Review and Signing
We review everything together and properly execute the documents so they’re legally effective.
Coordination With Your Estate Plan
We ensure your POAs align with your will, trust, and broader planning goals.
Your Powers of Attorney Questions, Answered
What is a durable power of attorney in Texas?
A durable POA remains effective even if you become incapacitated, allowing your agent to act when you need help most.
Can I choose more than one agent?
Yes. You can name primary and backup agents, and we help you decide the best structure.
When does a POA take effect?
It can be immediate or springing upon incapacity — the right choice depends on your comfort level and situation.
Can these documents be changed later?
Yes. As long as you’re competent, you can update or revoke your POAs at any time.
Do powers of attorney prevent abuse?
Proper drafting, clear limits, and choosing the right agent greatly reduce risk — we help you build safeguards into the documents.
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Protect Yourself and Spare Your Family Difficult Decisions
Powers of attorney ensure that if life takes an unexpected turn, your affairs are handled by someone you trust — not a court. With thoughtful Texas-specific planning, you can protect your independence and give your loved ones clarity instead of crisis.
Related Legal Needs We Can Coordinate
Real estate often intersects with estate planning and collections. We frequently help property owners align deeds with wills and trusts, and we assist investors with note enforcement when payments fall behind.