What is a durable power of attorney?
A durable power of attorney (DPOA) is a legal document used in Texas that allows you to appoint an individual (known as an ‘agent’) to manage your financial and medical affairs if you are unable to do so. It is commonly used in elder law, as it is a way to plan ahead in case of mental incapacitation. With a DPOA, you can grant your agent the authority to buy, sell, and manage assets on your behalf. Furthermore, they can make healthcare decisions in accordance with your wishes should you become incapacitated. It is important to bear in mind that your agent is expected to act in your best interests and comply with the instructions you have provided in the DPOA document. It is also possible to create a DPOA with unique powers, such as covering a specific transaction or lasting for a specific, predetermined duration. It is important to note that DPOAs are only valid while you are alive and cannot be used to make decisions after you have passed away. In Texas, it is recommended that a DPOA should be created with the assistance of an attorney experienced in elder law to ensure that it is legally valid and accurately reflects your wishes. The DPOA document should be kept in a secure place and its existence should be communicated to the individuals you have appointed to act as an agent.
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