Skip this step for now
What is a Texas Power of Attorney?
Handing over control over your health and financials could be one of the toughest things you have to do. However, it’s the best thing to do if you want the right decisions implemented when you are unavailable or incapacitated.
With that in mind, who do you delegate power and control over your affairs?
To enlighten you, let’s talk about a power of attorney. It’s a legal instrument that authorizes someone else to act in your place and make decisions about your health and financials. The person you choose to hand over power to in future is your agent or your attorney-in-fact, and you are their principal. We also refer to the document as a letter of authorization, letter of authority, letter of attorney, or a legal mandate.
In most, if not all cases, the powers granted to the agent only become active upon your disability or unavailability. That is; the agent can only act on the powers given when you cannot hence the term springing powers of attorney. Only a few cases involve the execution of non-springing powers of attorney where the agent acts on behalf of the principal as soon as the legal documents get signed and notarized. When filling in your free power of attorney form in Texas, be sure to state your preference – springing or non-springing.
Which types of legal authority might you need?
1. Texas Durable Power of Attorney Law
Durable powers of attorney refer to the legal process granting someone else the power to make often tough health care decisions, as well as end-of-life decisions in your place as the principal. This letter of attorney document is also referred to as the healthcare letter of attorney.
In most cases, the person you designate as your attorney is a family member who communicates your wishes to the attending physicians and other hospital staff involved.
Which are the specific powers and life-sustaining acts under this law?
The agent or trustee has the power to make decisions and to consent on different health care matters like the course of treatment, services, diagnosis, procedures to use and the overall treatment of the individual’s physical and their mental condition.
As you fill the free Texas power of attorney form, note that the attorney-in-fact cannot give consent in the event of voluntary and in-patient convulsive treatments. Consent may not be issued for mental health care and service, abortion, or psychosurgery, as well as the neglect through the omission of the principal’s care with the aim of providing comfort.
What are the legal requirements for implementation of the Durable letter of authorization?
The document should be signed
Processing of the document (signing and notarization) must happen with at least 2 witnesses present. The witnesses have to sign the document too.
The state laws also require that you fill the statutory form §135.015 and .016) and you also have to include a unique disclosure document.
The laws also allow the principal to designate two alternate agents.
How to revoke the powers
The powers granted to the attorney could be revoked indefinitely after the delivery and after the execution of the powers. The document is revocable in writing or orally as long as the intention to revoke is communicated.
If the agent is the spouse, the revocation is effective upon a divorce.
All the revocations are effective as soon as the attorney-in-fact and the health care provider receive the notice.
This document is executable in other states if it complies with the laws of the other state or jurisdiction.
Note this; if the physician is unable to follow the powers in the document, the attending should notify the agent and then arrange for a transfer. However, if the attending physician makes a decision in good faith, the agent will not be held liable. Also, the physicians are not liable for any decisions or acts made under the durable letter of authorization, as long as they are acting in good faith.
2. Texas Limited Power of Attorney
Do you wish to hand over control over a specific issue in your life, for a limited amount of time, say when you are unavailable? You will need a limited letter of authorization. In the power of attorney form, you will indicate what you need the agent to care for in your place when you are unable to or when unavailable.
The revocation of this power only takes effect upon the issuance of a notice. As the principal, you have to issue a written notice to revoke the limited powers.
3. Texas Power of Attorney for Childcare
The state of Texas, like other states, allow parents to hand over authority over their children to non-parents when unavailable for some time. With the power granted, a non-parent can make decisions regarding the health of the child, getting medical treatment or even signing the child up for an activity. You may also limit the power to a non-parent to a specific issue like health.
The power granted to the non-parent is revocable as soon as notice is issued. The revocation notice is better issued in writing, and the parent has to fill a revocation form then deliver it to the non-parent with the letter of authority. Delivery of the notice effects the withdrawal.
Whether you live in Houston, Arlington, San Antonio, Dallas, Austin, Plano, Fort Worth, El Paso or any other city of Texas, you can take help of our power of attorney forms with ease.