One common question we receive from clients and potential clients revolves around power of attorney – does it expire? If so, when? Understanding power of attorney is crucial, especially if you have a loved one that might need help making decisions for themselves. At McCulloch & Miller, we understand that these are delicate topics, and we are here to help you and the people you care about navigate processes like this one with the utmost care.
What is Power of Attorney?
If one person has power of attorney over an individual, it means he or she can make decisions on behalf of the individual. The power of attorney can have broad powers or limited ones, depending on the circumstances and the nature of the relationship. A power of attorney might make financial decisions, medical decisions, or decisions surrounding a person’s property and estate. Importantly, the individual in any power of attorney relationship has the right to know what their power of attorney is doing and to see any paperwork the power of attorney might be using to make decisions.
How Do You Know When a Power of Attorney Expires?
Different states have different rules about how and when power of attorney might expire. In Texas, the answer to this question depends on what kind of power of attorney relationship exists. For example, a “limited power of attorney” exists only for the purpose of handling a specific issue. Once this matter is finished, the power of attorney expires. Similarly, a “medical power of attorney” gives authority only if the individual is unable to make her or his own medical decisions.