Types of Power of Attorney in Texas

A power of attorney is a binding legal document that gives an individual the power to make decisions on your behalf. In Texas, there are five basic types of powers of attorney, all of which we will review on today’s blog. By understanding all of the types and their various functions, you can be better prepared to appoint a power of attorney that works best for you.

The Five Types of Powers of Attorney

General power of attorney: this type of power of attorney is the most basic one, in that it gives general, broad power for the individual you choose to act on your behalf. General power of attorney lasts until you, the person giving the power, become either incapacitated or disabled.

Limited power of attorney: when giving limited power of attorney, you authorize a person to act on your behalf only with regards to a specific situation. The power of attorney does not extend to matters beyond what you explicitly name in your document.

Medical power of attorney: intuitively, a medical power of attorney allows a person to decide the best course of action regarding your health. This kind of power of attorney only takes effect if you are unable to make your own decisions in a doctor’s office, hospital, or other emergency medical situation.

Durable power of attorney: the durable power of attorney is much like the general power of attorney; the only difference is that when you, the person giving the power, become incapacitated or disabled, this power does not expire.

Springing power of attorney: the springing power of attorney provides authority only if you are incapacitated or disabled – not in any other circumstance.

How Do I Know if Power of Attorney is Right for Me?

Each of these five types of the powers of attorney come into play at different times, and it might be a good idea to consider a power of attorney as you plan for the future. To know more, you should speak with a Houston elder law attorney that can guide you as to which specific options might work for you. There are several legal requirements to appoint a power of attorney, including signing the necessary documents before a notary public. To ensure you both understand the options in front of you and comply with the related requirements, get in touch with an attorney that you trust has your best interest in mind.

Do You Need a Houston Elder Law Attorney as You Plan for the Future?

At McCulloch & Miller, we always emphasize to our client community that now is the time to be planning for 25-30 years in the future. If you would like help putting your plans into action, give our office a call. We handle matters related to estate planning, Medicaid crisis planning, the Texas probate process, trust planning, and more. Our clients know and appreciate that our decades of experience will help us help them as they think through tough issues related to aging. For a consultation with a Houston estate planning attorney, give us a call today at 713-597-7176. You can also fill out our online form to have a member of our team reach back out to you as soon as possible.

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