Make Sure the Right Person Can Act When You Can't
A Power of Attorney is one of the most important documents in any estate plan. It lets you choose someone you trust to make decisions on your behalf if you're unable to do so yourself, whether because of illness, injury, age, or temporary incapacity. Without one, your family may be forced to go through court proceedings to gain authority over your affairs at exactly the time when quick action matters most.
Understanding the Basics
A Power of Attorney is a legal document that gives another person, called your agent or attorney in fact, the authority to act on your behalf. You decide who can make decisions, what decisions they can make, when they can act, and how much authority they have.
It provides security and peace of mind, knowing your affairs are protected if you can't manage them yourself.
Who Actually Needs One
A Power of Attorney isn't just for older adults or serious medical situations. It's essential for active-duty military service members, adults with aging parents, business owners, parents with young children, individuals with medical conditions, and those who travel frequently.
No matter your age or situation in El Paso or Southern New Mexico, a Power of Attorney ensures your voice is heard even when you can't speak for yourself.
Financial Power of Attorney
A Financial Power of Attorney allows your chosen agent to manage economic and legal affairs on your behalf. This can include paying bills and expenses, accessing bank accounts, managing investments, buying or selling property, filing taxes, running a business, and handling insurance and benefits.
You control the scope. Some of our El Paso clients grant broad authority, while others limit the Power of Attorney to specific tasks like selling a particular piece of property or managing accounts during a deployment.
Medical Power of Attorney
In Texas, medical and financial powers are created through separate documents. A Medical Power of Attorney authorizes someone you trust to make healthcare decisions if you're unable to communicate or make decisions on your own.
This includes treatment decisions, surgery or procedure consent, medication choices, long term care decisions, and hospital discharge planning. The Medical Power of Attorney must be signed in the presence of either a notary or two adult witnesses to be valid in Texas.
Durable vs. Non-Durable
A Power of Attorney can be durable or non-durable. A durable Power of Attorney remains effective if you become incapacitated and is most common for estate planning. A non-durable Power of Attorney ends if you become incapacitated and is typically used for temporary or limited purposes, like signing documents while you're out of the country.
Understanding the difference ensures your wishes are respected when it matters most.
Springing Power of Attorney
A springing Power of Attorney only becomes active after a specific event, often when a doctor determines you're incapacitated. Some prefer this approach for peace of mind, while others choose a durable Power of Attorney that's effective immediately so their agent can act without delay.
We help you choose the approach that best fits your situation and comfort level.
Why Working with an Attorney Matters
Online forms and generic documents can leave your family vulnerable. Common problems include documents not accepted by banks or hospitals in El Paso, ambiguous authority that creates confusion, conflicts between family members, missing provisions for business interests, failure to comply with Texas legal requirements, and disputes over capacity or timing.
Texas law requires the person creating the Power of Attorney to be at least 18 years old and of sound mind. The document must be in writing, signed by you, and notarized. The agent must also accept the appointment and show willingness to fulfill their duties.
A properly drafted Power of Attorney is clear, enforceable, and tailored to your specific needs.
Part of a Complete Plan
A Power of Attorney works best when integrated with other planning tools, including a Last Will and Testament, Living Will or Advance Directive, HIPAA Authorization, and Trusts and property planning documents if needed.
Together, these protect you during life and protect your loved ones after you're gone.
Revoking a Power of Attorney
You can revoke your Power of Attorney at any time as long as you're mentally capable. It's best to put the revocation in writing, have it notarized, and notify the agent and any institutions or third parties who have it on file. This helps prevent your former agent from accidentally or intentionally using powers you've taken away.
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A Power of Attorney ensures that the right person, not the court, makes decisions on your behalf when it matters most.