Need Help With Decisions Related to a POA?
Contact Austin Family Lawyer Jackson F. Gorski at 512-960-4646
In life, whether due to overwhelming success or critical issues of detriment, some of us will need a trusted 3rd party to act on our behalf. This 3rd party will need the full power to make decisions on your behalf in situations where you’re unable to due to death or medical impairment, or due to the demands placed on you by success or business.
This is where drafting a POA or Power of Attorney can come in handy. Many people have powers of attorney privileges for purposes of negotiating business deals, buying property for another, signing documents, and making healthcare decisions. Having the right person or lawyer as your agent can be a great benefit, so long as the authority granting documents are well-drafted and have clear instructions and restrictions.
If you have questions about whether granting authorities to another person is the best idea for your situation, and which kind of POA you should draft of have drafted, I’m ready to assist you. To get started, call me at The Law Office of Jackson F. Gorski at 512-960-4646.
General Power of Attorney (GPOA)
A general power of attorney is an all-inclusive document in Texas. It gives permission to someone else to represent you as your “agent” or “attorney-in-fact,” to deal with your personal affairs without being limited.
You don’t have to choose a lawyer as your agent; the selected individual could be your relative, spouse, or even your best friend, but having a relationship with an attorney and assigning that attorney as your POA is usually the best idea.
Legal Requirements
If you have your signature notarized on the form, the power of attorney can authorize your selected agent to act on your behalf. In addition to that of a notary, Texas does not require you to have the signatures of witnesses. Your selected agent does not necessarily need to sign your general power of attorney. You are not required to file your GPOA with the court. However, you do have to record the power of attorney with the clerk in each county where your assets are located if you are entrusting your agent to sell or buy real estate for you.
Format
There is no statutory form that you are required to follow to write a general power of attorney in Texas or, in other words, there is no specific language or format requirement. However, it is crucial to include your name as it appears on your address, accounts, and the identity of your selected agent. If you like, you can itemize a list of powers, but you might be in a risk of excluding your agent from doing something you forgot to mention.
Scope
A general power of attorney is not similar to that of health care power of attorney, which is also recognized in Texas. Health care power of attorney allows your selected agent to make only medical decisions on your behalf.
A general power of attorney does not usually allow your agent to make medical decisions on your behalf; it gives powers to him/her to handle all your personal and financial business interests. Your agent is required to keep accurate records and report to you all that he/she has done on your behalf according to section 4898 of Texas Code.
Duration
If you are appointing your agent to act on your behalf even when you become mentally incapacitated then your GPOA should be terminated. It makes it a “durable” power of attorney in such language. In addition, you can mention that you do not wish your power of attorney to go into effect unless you become incapacitated. That will be a “springing” general power of attorney. Your death withdraws your agent’s power to handle your affairs, regardless of the type of power attorney.
Types of POAs
Durable POA
Commonly called the Statutory form, allows another individual to manage the finances of a person. This type of Power of Attorney is generally for wills and estate planning, and for the assignment of an “Agent” or “Attorney in Fact” to manage the finances of a person who isn’t able to manage their own finances.
The authority granted by this form of POA can stay in place forever, unless a termination date is documented or if the objectives of the authority have been met.
Medical POA
A Healthcare Power of Attorney is used to allow family members or other individuals to make medical decisions on your behalf in the event that you’re unable to. Often, this form of POA is a component of estate planning and living wills.
General POA
This form of Power of Attorney is used to grant legal rights to another person to manage a general or particular area of a person’s life. This is a powerful form of POA which, considering the level of authority tendered, should be handled with caution.
Special POA
A “Special Power of Attorney” is limited in scope, and appoints an agent to handle a direct matter. It has limitations of what the agent can do, what the expectations of the agent are, and the length of the validity of the POA. This is strict form of POA.
Need Professional Help Drafting a POA?
Call Austin Family Lawyer Jack Gorski at 512-960-4646
If you’re considering granting legal authorities over some or all of your personal or business affairs, it’s best to have a skilled lawyer, who works for you, as your counselor throughout the process.
When granting authoritative powers you don’t want to make a mistake and give too much power or omit the authority they’ll need to be effective on your behalf. With the guidance provided by Attorney Jackson F. Gorski, you’ll have the compliment of legal experience to assist you which will result in an effective decree.
To contact Jack Gorski Attorney, you can send us a message using our contact form or call the law office directly at 512-960-4646. The Law Office of Jackson F. Gorski offers flexible payment options, affordable legal fees, and excellent legal representation. We won’t let you down.
