Powers of Attorney

Without a Power of Attorney, your family may need court approval to manage your affairs during a crisis. Putting this document in place now gives someone you trust the authority to step in when it matters most.

To Spring or Not to Spring a Durable Power of Attorney

This article explains Texas durable powers of attorney, compares immediate and springing authority, and discusses agent selection and safeguards against abuse.

Can Agent Override Decisions of Person Granting Power of Attorney?

Explains that an agent under a Texas durable power of attorney cannot overrule a capable principal's financial decisions, even when the agent believes those decisions are unwise.

Free Medical Power of Attorney for Texas’ Heroes

Documents a 2020 program that offered free Texas medical powers of attorney to essential workers and explains the role of a health care agent during incapacity.

Can Life Support Be Withheld If A Patient Has Not Signed A Directive To Physicians?

Explains that the absence of a Texas Directive to Physicians does not automatically prevent a life-support decision, and identifies the agents or relatives the article lists as potential decision-makers.

Recent Changes to Durable Power of Attorney Statute

The article explains 2017 changes to the Durable Powers of Attorney statute, including financial institution acceptance, agent authority, oversight proceedings, gifting limits, and a 2018 medical Power of Attorney form.

Is A Financial Institution Required To Accept A Durable Power Of Attorney?

The article explains that since September 1, 2017, Texas law generally requires financial institutions to accept a durable power of attorney unless a statutory ground for refusal exists, while allowing limited requests for certifications, attorney

Can I Authorize a Relative to Make Medical Decisions for my Minor Child?

Texas parents can use a Department of Family and Protective Services form to authorize certain relatives to make medical, school, and other decisions for a child in their care.

Is an Advance Directive Signed In Another State Valid in Texas?

Texas generally recognizes an advance directive or similar instrument validly executed in another state, subject to Texas laws governing health care.

Can I Get Medical Power of Attorney Over an Incapacitated Person?

A person who is already incapacitated cannot grant a medical power of attorney, but a court may appoint a guardian to make decisions when no suitable agent is available.

Storing Your Health Care Directives: There’s an App for That!

This article reviews the ABA’s My Health Care Wishes smartphone app for storing and sharing health care directives and notes that the app was discontinued in September 2016.

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