Choosing an Agent
Select someone you trust to act responsibly and in accordance with the authority you grant.
Powers of Attorney
Life can change unexpectedly. A power of attorney can allow you to authorize someone you trust to make certain decisions or act on your behalf under defined circumstances.
CHILDs LEGACY LAW FIRM, P.C. helps individuals and families in Houston and throughout Texas understand powers of attorney and consider how these documents may fit into their estate plans.
01 / Plan ahead
Planning ahead means considering who may be able to help manage certain matters if you are unable to handle them yourself or need assistance with specific responsibilities.
A power of attorney is a legal document that authorizes another person, known as an agent, to act on your behalf within the authority granted by the document.
The scope of that authority depends on the type of power of attorney, its terms, and applicable law. Choosing an agent and understanding what that person may do are important parts of the planning process.
CHILDs LEGACY LAW FIRM, P.C. helps clients understand these considerations and explore the options available under Texas law.
Understanding the authority you grant and selecting someone you trust are important parts of planning for future decisions.
02 / The essentials
A power of attorney allows you to authorize another person to act on your behalf for specified purposes. Depending on the document, the authority may relate to financial matters, property, or other decisions permitted by law.
Select someone you trust to act responsibly and in accordance with the authority you grant.
Understand which actions your agent may take and any limits included in the document.
The circumstances in which an agent may act depend on the type of document and its terms.
Consider how the document fits into your wider estate plan and whether it reflects your current intentions.
03 / Document types
Different powers of attorney serve different purposes. Two commonly discussed types under Texas estate planning law are shown below.
A durable power of attorney generally concerns authority over certain financial or property matters and may remain effective during the principal's later incapacity, subject to the document's terms and applicable law.
A medical power of attorney allows an appointed agent to make certain healthcare decisions when the legal conditions for that authority are met. It is distinct from a financial power of attorney and should be considered alongside other healthcare planning documents.
04 / Is it relevant to you?
A power of attorney may be worth considering if you want to plan for the management of certain matters or identify someone who can act on your behalf when authorized.
Consider how financial and personal decision-making responsibilities may be handled if circumstances change.
Review whether an appropriate document may help address certain property-related matters.
Consider how powers of attorney fit into a wider plan for family responsibilities and future needs.
Review whether a power of attorney is relevant to specific financial or property matters, subject to appropriate legal and business arrangements.
Revisit existing documents when your circumstances, chosen agent, or intentions change.
06 / Legal guidance
CHILDs LEGACY LAW FIRM, P.C. helps clients understand the legal considerations involved in planning for decision-making authority.
Discuss the matters you want to address and the responsibilities you may need another person to handle.
Explore the types of powers of attorney relevant to your circumstances.
Understand the powers, limitations, and responsibilities associated with the proposed document.
Where included in the agreed scope of legal services, obtain assistance with preparing or reviewing the appropriate document.
Consider how your powers of attorney relate to your will, trusts, and advance directives.
07 / The process
Each step helps clarify your needs, the document under consideration, and the legal requirements involved.
Discuss your planning needs with CHILDs LEGACY LAW FIRM, P.C.
Identify the matters you want to address and the person you may wish to appoint.
Consider the appropriate type of document and the authority it should address.
Proceed with the agreed legal service and applicable execution requirements.
Consider whether other estate planning documents need attention.
08 / Common questions
Explore answers to common questions about planning for decision-making authority in Texas.
POWERS OF ATTORNEY / FAQIt authorizes another person to act on your behalf within the authority granted by the document and permitted by law.
A durable power of attorney generally addresses certain financial or property matters and may continue during incapacity. A medical power of attorney concerns specified healthcare decisions under applicable legal conditions.
You generally select the person you wish to appoint, subject to applicable legal requirements. Choosing someone trustworthy and capable of handling the responsibility is important.
Whether and how a document may be revoked or changed depends on the circumstances, applicable law, and the document's terms. Obtain legal guidance before making changes.
No. A power of attorney and a will serve different purposes. A power of attorney generally concerns authority during your lifetime, while a will generally addresses matters that take effect after death.
It may be appropriate, depending on your needs and circumstances. A consultation can help you consider the relevant options and how a power of attorney may fit into your broader plan.
09 / Take the next step
Planning for future decisions can help you understand your options and document your intentions.
CHILDs LEGACY LAW FIRM, P.C. helps individuals and families in Houston and throughout Texas explore estate planning documents and make informed decisions.
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