The methods of granting someone power of attorney over your financial and healthcare decisions is governed by the Texas Power of Attorney Act, Probate Code Chapter 7.
Choose Your Agent Wisely
By granting someone power of attorney, you are allowing them the ability to make decisions on your behalf with regard to your finances, your health, your real estate, and other important aspects of your life. It is important that you choose an agent who is knowledgeable not only in these areas, but also in your desires and goals so that he or she can make the right decision when the time comes. This person needs to trustworthy and responsible, so choose wisely.
Obtain the Correct Forms
Your next step to granting someone power of attorney is to fill out the appropriate paperwork. Boilerplate power of attorney forms can usually be found online, can be obtained through your attorney, or purchased at an office supply store. Be sure to obtain your forms from a trusted source and to review them carefully to ensure accuracy.
Fill Out Your Form
Under Texas law, your power of attorney form must be filled out completely and be notarized in order to be valid. It is also advisable to fill out your form in the presence of your agent just to make sure you are both on the same page regarding his or her duties. Most bank branches offer notary services for free or for a small charge.
Keep Your Power of Attorney Form Safe
In Texas, you are not required to file your power of attorney form with any agency. It is valid once it is signed and notarized. Therefore, it is important that you keep your form in a secure place, such as a home safe, a bank deposit box, or with your attorney.
Do You Need an Attorney to Assist with the Process?
If you are considering granting power of attorney to an agent, you should seek the counsel of a Texas estate lawyer first. Your attorney can guide you throughout this process and ensure that your forms are filled out correctly and in accordance with your goals.