Powers of Attorney Lawyer in Houston, Texas

Even if you are young and healthy, you may wonder what you would need to do in order to create an estate plan. If you are older, you may be wondering what you can do to create an estate plan that meets your needs and grants you peace of mind should you ever be unable to make legal decisions for yourself. A power of attorney can help you and your loved ones navigate your estate and healthcare wishes should you become incapacitated. If you have questions about or are thinking of creating an estate plan in Texas, Webb & Associates in Houston, Texas, is here to support you.  

What Is a Power of Attorney?

A power of attorney is a legal document allowing you (the principal) to appoint a trusted person (the agent or attorney-in-fact) to make certain decisions and act on your behalf in certain situations when you are unable.  

There are three types of powers of attorney available in Texas: 

• General Power of Attorney: A general power of attorney allows someone to handle a broad spectrum of financial decisions for you. For example, your agent can sell or buy real estate, pay taxes, run your business, and manage stocks.  

• Limited Power of Attorney: This type of power of attorney gives someone the legal ability to assist you with specific matters for a limited amount of time. Limited power of attorney is ideal, for example, if you want someone to deal with your tax matters or business accounts while you will be away for a set period of time, or if you are not going to be present for the closing of a real estate transaction and need someone to stand in for you. 

• Durable Power of Attorney: The two types of durable powers of attorney are financial and healthcare powers of attorney. (In Texas, a healthcare power of attorney is called a medical power of attorney.) These powers of attorney allow someone to handle your finances and make medical decisions for you should you become unable to do so yourself. A durable power of attorney does not end when you become incapacitated; using a durable power of attorney to elect an agent to take care of sensitive matters in the event that you cannot do so may help you feel more secure.  

To create a power of attorney, you must be of sound mind and over 18 years of age, and you must have the document notarized. You can revoke your power of attorney at any time, provided you are still of sound mind. General and limited powers of attorney end when the principal becomes incapacitated. All powers of attorney end upon the principal’s death. 

To understand your rights, options, and next steps considering your power of attorney, reach out to our estate planning attorney, who is ready to advise on all estate planning matters including wills, trusts, and powers of attorney. 

Why Are Powers of Attorney Important?

Powers of attorney, especially durable powers of attorney, are important because they allow you to assign someone you trust to handle matters that you will not be able to handle on your own, for whatever reason. Limited powers of attorney can help you make sure that a trusted person handles your sensitive information and important transactions in the event that you cannot do so yourself. Durable powers of attorney, such as medical power of attorney, can ensure that, in the event that you become incapacitated, someone you choose can handle important decisions for you.   

The benefits of a power of attorney are especially important to understand for people who are ill or older. In Texas, a medical power of attorney is a type of advance directive that can make sure that your wishes for healthcare or end-of-life care are followed should you become incapacitated. Your healthcare agent can ensure that the directions and wishes for your healthcare that you’ve written down in your living will—including whether or not you want particular medical treatments—are followed. This is especially important if you have specific religious beliefs or strong preferences about certain treatments that you’d want to avoid in certain situations.  

Considerations When Choosing an Agent

Anyone can be your healthcare agent, provided they are 18 or older and of sound mind. (One exception exists for medical powers of attorney: your agent cannot be any of your medical providers.) However, you must choose someone whom you can trust to act in your best interests. If you are selecting someone to be your healthcare agent, you should choose someone who understands and respects your moral and religious beliefs as well as your medical preferences. 

Powers of Attorney Lawyer in Houston, Texas

If you have any questions about creating a power of attorney in Texas, call us at Webb & Associates, serving Houston as well as other areas of Harris County and throughout Sugar Land, Katy, Galveston County, Cypress, Fort Bend County, Waller County, and Brazoria County. With over 25 years of experience, our attorney Timothy Webb is ready to review your options and help you to create the estate plan that meets your unique needs. Call today for an appointment.