Can You Limit the Power Granted by a Power of Attorney in Texas?

In Texas, power of attorney refers to a legal document that allows one individual to act on behalf of another individual. Power of attorney can look different depending on the specific circumstances, and the decision of whether to grant power of attorney is an inherently personal one. Today, we review some of the options for granting power of attorney, including whether you can limit the authority of the person to whom you grant this power.

The short answer to this question is that yes, you can limit the power granted by power of attorney. You can accomplish this goal in several ways. To start, you can grant power of attorney only for a specific period of time – for example, you can give someone authority to act on your behalf only until a specific task has been accomplished (for example, for the period of time in which you are filing your taxes or undergoing a surgery). You can also grant power of attorney only if you become incapacitated, only upon your death, or only until you decide to revoke the power of attorney.

You can also grant an individual “limited” power of attorney, meaning you give a person authority only within a very specific realm of your life. You might, for example, grant someone power to assign the legal title to a vehicle you own. You might also consider granting power of attorney only in a matter concerning tax collection, or only in a matter concerning your physical health. The list of options is limitless, and how you choose to grant power of attorney will depend on your specific set of circumstances.

In contrast, granting “general” power of attorney gives someone authority to act broadly on your behalf. By choosing this kind of power of attorney, you inherently forgo some of the limits discussed above. The advantage, though, is that if your power of attorney is someone you trust, you can rest easy, knowing your affairs are being handled comprehensively and consistently.

Overall, electing to grant power of attorney is a big decision. If you have questions about how this concept might apply to you, speak with an estate planning or elder law attorney to review your options. Each decision revolves around its own set of circumstances, and it’s best to walk through the process with an expert that is familiar with your individual needs, goals, and priorities.

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