What is a durable power of attorney?

A durable power of attorney (DPOA) is a legal document in Texas allowing someone to designate another person to make decisions on their behalf in the event that they become incapacitated. It allows you to name another person, known as an “attorney-in-fact” or “agent” to make decisions on your behalf if you become incapacitated or unable to make the decisions yourself due to a physical or mental disability. The purpose of a DPOA is to ensure that you, the principal, can still make decisions about your own affairs if you become disabled or incapacitated. The DPOA designates someone to act as your “attorney-in-fact” or “agent” to take care of your affairs for you if you become unable to do so. This person must act in your best interests, and will be bound by the directions you have given them in the DPOA. The DPOA can also be used to name an agent to manage your financial and business affairs. Your agent can pay bills on your behalf, open or close bank accounts, manage investments, and make other real estate and business decisions. In Texas, DPOA is regulated under Disability Planning Law. You should ensure that you understand exactly what authority you are giving to the person you are designating and that you trust them to respect your wishes in the event of your disability. You should also make sure your DPOA is legally valid by having it reviewed and signed by a lawyer.

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