What is a power of attorney?

A power of attorney is a legal document that allows a person (the "principal") to designate another adult (the "agent") to manage their affairs, either for a specific purpose or on a more general basis. Power of attorney is often used in the context of guardianship law in Texas. It gives the agent the authority to make decisions on behalf of the principal about matters such as health care, finances, and other legal matters. Under Texas law, there are two types of power of attorney: durable and nondurable. Durable power of attorney remains in effect even if the principal becomes incapacitated, while nondurable power of attorney terminates when the principal is no longer able to make decisions. The principal can also grant a limited or general power of attorney, depending on the specifics of what they are trying to accomplish. A power of attorney must be in writing and signed by the principal or their representative, such as a lawyer. Depending on the type of power of attorney, witnesses and notarization may also be required. Additionally, it is important for the principal to make sure that their agent is someone they trust to make decisions that will be in their best interest.

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