Financial Powers of Attorney

Can An Incapacitated Person Make or Revoke a Durable Power of Attorney?

Generally, you can amend your durable power of attorney by signing a new durable power of attorney. You also have the right to revoke or terminate your durable…

Financial Powers of Attorney

What is a Texas Durable Power of Attorney?

A durable power of attorney is a written document that authorizes another person, known as an agent, to engage in specified business, financial and legal transactions on…

Financial Powers of Attorney

To Spring or Not to Spring a Durable Power of Attorney

Every adult residing in Texas should have a Texas durable power of attorney. What is a Durable Power of Attorney? A durable power of attorney is a…

Financial Powers of Attorney, Incapacity

Can Agent Override Decisions of Person Granting Power of Attorney?

Con artists often target the elderly because isolation and declining cognitive ability makes them more vulnerable to fraud. Consumer Reports estimated that seniors and their families…

Estate Planning, FAQs About Estate Planning, Financial Powers of Attorney, Incapacity

Avoiding Guardianship in Old Age

A few weeks ago, a client alerted me to an episode of the John Oliver show about guardianships gone wrong. A guardian is someone appointed by…

Financial Powers of Attorney, Incapacity

When Can a Financial Institution Reject a Durable Power of Attorney in Texas?

Effective September 1, 2017, a person to whom a durable power of attorney is presented must accept a durable power of attorney except unless: The person is…

Financial Powers of Attorney, Incapacity

Recent Changes to Durable Power of Attorney Statute

The legislature made several beneficial changes to the Durable Powers of Attorney statute that went into effect on September 1, 2017. Below are a few of the…

Financial Powers of Attorney, Incapacity

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

Before September 1, 2017, financial institutions routinely rejected durable powers of attorney for a multitude of reasons. A colleague once told me that a bank rejected her client’s…

Financial Powers of Attorney, Incapacity

What are the Requirements of a Valid Durable Power of Attorney in Texas

A durable power of attorney is a document that will allow you, the principal, to appoint someone you trust (an agent) to engage in specified business, financial…

Financial Powers of Attorney, Incapacity

Can a Bank Reject a Valid Power of Attorney?

NB: The following post reflects old law. Effective September 1, 2017, the Estates Code requires financial institutions to accept powers of attorney unless one or more enumerated grounds…