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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…

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…

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…

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…

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…

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…

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…

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…