How do I obtain durable power of attorney?
In Texas, you can obtain durable power of attorney (POA) by creating a legal document that grants someone else the authority to make decisions on your behalf in certain circumstances. This document is commonly used by individuals who are unable to manage their own affairs due to illness or injury. The first step to obtaining durable POA in Texas is to fill out a Power of Attorney form. This document must be signed and notarized to be legally effective. When the form is completed, the person granting the power (the “principal”) will designate an “attorney in fact” to act on their behalf. The attorney in fact is the person to whom the principal grants legal authority to act on their behalf. Before signing the document, it is essential to make sure that you understand it fully and agree with its provisions. The document can grant very specific powers or more general powers, depending on the individual’s wishes. Additionally, it is important to choose an attorney in fact that you trust and can be relied upon to act in your best interest. In Texas, there are certain special powers that the POA cannot grant. These include the power to make a will, the power to make a gift, and the power to make healthcare decisions. If you need assistance in preparing a durable POA, it is best to consult an experienced attorney who specializes in elder law.
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