What is a durable power of attorney?

A durable power of attorney (DPOA) is an important estate planning tool used in Texas that allows you to appoint someone to make decisions on your behalf in the event that you become incapacitated. The person appointed to this role is referred to as the "attorney-in-fact," and is given legal authority to manage your affairs and act for you as if they were you. The terms and conditions of a DPOA must be specified in accordance with Texas law. The DPOA will take effect immediately upon signing, unless you specify otherwise. They remain effective even if you become mentally or physically incapacitated, or even if you die. The attorney-in-fact is usually, but not always, a close family member, and they can be given authority to make decisions regarding your financial affairs, health care needs, and other legal matters that come up. The attorney-in-fact is required to act according to your wishes, as outlined in the DPOA, and is accountable to you and the court. It is important that you name someone you trust and ensure that your wishes are made clear to them. It is also important that you review your DPOA regularly, and take legal advice when necessary, to make sure it is up to date. It is a wise move to have a durable power of attorney as part of your estate planning.

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What is a durable power of attorney?

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