Everything You Need to Know About Getting Power of Attorney in Texas
Do you have someone you trust to make important decisions for you if you’re unable to? If not, getting a power of attorney (POA) is an essential step to ensure your wishes are carried out. Here’s everything you need to know about getting a POA in Texas.
What is a Power of Attorney?
A power of attorney is a legal document that allows you (the principal) to appoint someone else (the agent) to act on your behalf in financial, medical, or other matters. This can be especially helpful if you become incapacitated or unable to make decisions for yourself.
Types of Power of Attorney
1. General Power of Attorney:
- Gives the agent broad powers to act on your behalf in all matters, including finances, healthcare, and legal decisions.
2. Durable Power of Attorney:
- Remains valid even if you become incapacitated and helps to ensure continuity of decision-making.
3. Medical Power of Attorney:
- Authorizes the agent to make healthcare decisions on your behalf, including treatment and end-of-life care.
4. Limited Power of Attorney:
- Grants specific powers to the agent, such as handling financial matters or selling property.
How to Get a Power of Attorney in Texas
1. Choose an Agent:
- Select someone you trust and who is capable of making sound decisions.
2. Fill Out a Form:
- Obtain a POA form from an attorney, bank, or online provider.
- Fill out the form carefully, providing the agent’s information and specifying the scope of their authority.
3. Notarization and Witnesses:
- The form must be signed by you in the presence of a notary public.
- In some cases, witnesses may also be required.
4. Record the Document:
- While not required by law, recording the POA with the county clerk’s office provides additional protection against fraud.
Cost of Getting a Power of Attorney
The cost of obtaining a POA varies depending on several factors, including:
- Attorney fees (if you hire one)
- Notarization fees
- Recording fees
On average, the cost can range from $50 to several hundred dollars.
When to Get a Power of Attorney
It’s advisable to get a POA when you’re of sound mind and body. Consider getting one in these situations:
- You’re traveling or living out of state
- You’re facing a potential disability
- You’re concerned about your ability to make decisions in the future
Expiration and Revocation of Power of Attorney
A POA typically remains valid until it is revoked or the principal passes away. However, it can be revoked at any time by the principal.
Benefits of Having a Power of Attorney
- Provides peace of mind knowing someone you trust is making decisions for you.
- Ensures your wishes are carried out if you’re unable to communicate them yourself.
- Avoids the need for costly and time-consuming guardianship proceedings.
Comparison Table of POA Providers
| Provider | Fee | Notarization | Witnesses | Recording |
|---|---|---|---|---|
| LegalZoom | $299 | Included | Required | Included |
| RocketLawyer | $39.95 | Not included | Required | Not included |
| Nolo | $89.95 | Not included | Not required | Not included |
| AARP | Member pricing | Included | Not required | Not included |
Conclusion
Getting a power of attorney in Texas is a crucial step to protect your interests and ensure your wishes are carried out. By following these steps and choosing a trusted agent, you can give yourself peace of mind and know that you’re prepared for any unexpected events that may come your way.
Additional Tips:
- Keep a copy of your POA in a safe and accessible location.
- Let your family and friends know you have a POA and who your agent is.
- Review your POA regularly and make any necessary updates.
FAQ about Power of Attorney in Texas
What is a power of attorney?
A: A power of attorney (POA) is a legal document that allows one person (the principal) to give another person (the agent) the authority to make decisions on their behalf.
Who can create a POA?
A: Anyone who is 18 years of age or older and of sound mind can create a POA.
What are the different types of POAs?
A: There are two main types of POAs:
- General POA: Gives the agent broad authority to act on the principal’s behalf in all matters.
- Limited POA: Restricts the agent’s authority to specific tasks, such as managing finances or making healthcare decisions.
How do I create a POA?
A: To create a POA, you need to:
- Choose an agent you trust.
- Fill out the appropriate POA form (available online or from an attorney).
- Have the form notarized.
- File the form with the county clerk’s office.
What are the P-A-S guidelines?
A: The P-A-S guidelines are a set of standards that a POA must meet to be valid in Texas:
- P: The principal must be competent to give the POA.
- A: The POA must be signed by the principal and two witnesses.
- S: The POA must be filed with the county clerk’s office.
What is a durable POA?
A: A durable POA remains in effect even if the principal becomes incapacitated.
How long does a POA last?
A: A POA lasts for as long as the principal specifies in the document, or until the principal revokes it.
How do I revoke a POA?
A: To revoke a POA, the principal must:
- Notify the agent in writing.
- File a revocation form with the county clerk’s office.
What happens if I need to make changes to my POA?
A: You can amend or revoke your POA at any time by creating a new document and following the same procedures as described above.
