Bartonville is a community that values quiet, intentional living. Situated in southern Denton County, it is a place where residents tend to know their neighbors, take care of their properties, and think carefully about the future. That same thoughtful approach can also extend to your estate plan. Powers of attorney are among the most important documents you can have.

In Texas, most estate plans include two primary powers of attorney: one for financial matters and one for healthcare decisions. Understanding how each works can help ensure the right people have authority to act if you are ever unable to do so yourself.

What Is a Power of Attorney?

A power of attorney is a legal document that authorizes another person, called your agent, to act on your behalf in financial, legal, or medical matters. The person granting the authority is called the principal.

Powers of attorney are not just for older adults or people with serious health conditions. Anyone can become incapacitated unexpectedly, through an accident, a sudden illness, or a medical event. Without these documents in place, your family may have no legal authority to help you, even if they desperately want to.

The Main Powers of Attorney in Texas

1. Statutory Durable Power of Attorney

This is the power of attorney that is created by statute in Texas. The Statutory Power of Attorney must be accepted unless the person or institution accepting it can fit into one of several exceptions listed in the stature. It authorizes your agent to manage your financial affairs on your behalf, including paying bills, managing bank accounts and investments, handling real estate transactions, filing taxes, and more.

The word “durable” is important. A durable power of attorney remains in effect even if you become incapacitated. A non-durable power of attorney is sometimes used for specific limited transactions. It terminates if you lose capacity, which makes it far less useful for estate planning purposes.

Texas law includes a statutory form that may be used for this document, and there are specific legal requirements that should be followed. Make sure yours is drafted by an attorney familiar with the current requirements. Even small drafting errors can cause financial institutions to refuse to honor the document.

2.  Our Durable Power of Attorney

We have had more success getting people and institutions to accept our power of attorney because it lists everything you are authorizing the person you are naming in your power of attorney to do. It is much longer and more detailed than the Statutory Durable Power of Attorney.

3.  Medical Power of Attorney

Your Medical Power of Attorney designates someone you trust to make healthcare decisions on your behalf if you are unable to make them yourself. This person is your healthcare agent. Your agent can authorize or refuse medical treatments, choose your doctors and healthcare providers, and make decisions about your care consistent with your known wishes and values.

This document is separate from your financial power of attorney and covers a completely different set of decisions. Both are essential parts of a complete estate plan.

Your Medical Power of Attorney should also be accompanied by a HIPAA authorization, which grants your agent legal access to your private medical information. Without it, healthcare providers may be unable to share even basic details about your condition. That may be true even with a spouse or adult child.

Powers of Attorney and a Living Trust: How They Work Together

Powers of attorney and a living trust serve complementary roles in a comprehensive estate plan. Assets that have been transferred into a living trust are managed by the trustee according to the terms of the trust. A Statutory Durable Power of Attorney allows your agent to handle financial matters involving assets outside the trust. A Medical Power of Attorney authorizes your healthcare agent to make medical decisions if you cannot.

Together, these documents help ensure the people you trust have the legal authority to manage both your financial affairs and your healthcare without unnecessary court involvement or delays.

Frequently Asked Questions

Can I choose anyone to serve as my agent in a power of attorney?

You can name any competent adult as your agent, but choose carefully. Whether you are naming someone to handle financial matters, healthcare decisions, or both, that person should be trustworthy, organized, and able to make thoughtful decisions under pressure. Many people name a spouse or adult child, but a trusted friend or professional fiduciary may also be an appropriate choice.

Can I have more than one agent?

Yes. You can name co-agents who act together, or you can name a primary agent and one or more successor agents who step in if the primary agent is unable or unwilling to serve. Your estate planning attorney can help you think through which structure makes the most sense for your situation.

Can I revoke a power of attorney?

Yes. As long as you are mentally competent, you can revoke a power of attorney at any time. Revocation should be done in writing, and you should notify your agent and any institutions that were relying on the document. Your attorney can help you complete this process properly.

A power of attorney can make a significant difference if the unexpected happens. Leigh Hilton PLLC can help you create documents that protect your interests and ensure the people you trust have the legal authority to act when needed. With offices in Denton, Bartonville, and Aubrey, we proudly serve clients throughout Denton County. Call us at 940-387-8800 or contact us through our website to schedule a consultation.