What is a power of attorney?

A power of attorney is a legal document that provides an individual, referred to as the “principal”, with the authority to select another individual, known as the “agent”, to act as their representative. In the state of Texas, the principal must sign the document in the presence of two witnesses, and the document must also be notarized to be valid. The agent is given a variety of powers, depending on the specific document. For example, they may be able to write checks on behalf of the principal, manage their financial assets and investments, sign legal documents, file taxes, and buy or sell property. The power of attorney documents must state the authority the agent has, and they can be made specific to a particular situation or activity. Elder Law in Texas usually includes powers of attorney for healthcare decisions, for asset management, and for matters related to Social Security and other public benefits. Elder Law lawyers can help individuals create specially-crafted power of attorney documents that are tailored to their individual needs. It is important to consider creating a power of attorney when the principal is still mentally competent, as some states, including Texas, have laws that the principal must be able to understand the document they are signing in order for it to be valid.

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