Power of Attorney 

Power of Attorney is a legal document wherein a person (the principal) grants another (the agent) the authority to make decisions on their behalf. The primary forms are Medical Power of Attorney and Statutory Durable Power of Attorney. Powers of Attorney can be granted for a specified amount of time or for a particular purpose. There are several reasons a person may want to grant another the legal authority to act on their behalf, the simplest of most being mere inconvenience or unavailability. One may also wish to give someone else the authority to act on their behalf if they become incapacitated and are unable to make decisions for themselves. In the event a person becomes incapacitated, having pre-determined powers of attorney can help ensure their affairs are maintained and their healthcare wishes are respected.

Medical Power of Attorney authorizes the agent to make healthcare decisions on behalf of the principal. This authority includes the ability to make decisions based on the principal’s moral or religious beliefs, and to consent to or refuse any medical treatment or service for the principal. In the event of incapacitation, a designation of Medical Power of Attorney can help ensure the principal gets the care they need. If a person becomes incapacitated and is unable to make decisions, and they have not designated an agent to act as Medical Power of Attorney, there may be a delay in treatment while the healthcare provider determines who has the authority to make decisions for the incapacitated principal.

Statutory Durable Power of Attorney grants the agent authority to make decisions regarding the principal’s finances and property. The principal can authorize the agent to handle a variety of matters. The Texas Statutory Durable Power of Attorney provides 14 general categories of powers, including real property and tangible personal property transactions, tax matters, and business operating transactions. The principal can grant the agent all 14 powers, as well as grant the agent additional powers. The principal can also specifically modify and limit the scope of the agent’s authority in regard to any power.