A power of attorney is a legal document that allows you to provide legal authority to someone else to act on your behalf. The laws regarding this legality differ depending on the state you live in.
This article will give you all the details you need to know about the power of attorney forms in Texas, including what it does, requirements to fill-up the form, the types of power of attorney, and more.
What is Texas Power of Attorney?
A power of attorney form Texas is the legal means to appoint yourself an agent who can act on behalf of you for making certain business or legal decisions in Texas. The person vested with a power of attorney is called the agent, and the person granting someone else such rights is called the principal.
A power of attorney is essentially a legal document that sets forth the rights and authorities given to the agent by the principal.
It allows the agent to do things that the principal needs to get done and does not necessarily take the control away from the principal. The principals can still make their own decisions pertaining to their legal, medical, and finance matters in their capacities.
A power of attorney can be brought to an end by the following methods:
- It ends naturally if specified with an end date
- Unless a durable power of attorney is used, it could end if the principal becomes incapacitated to continue with the arrangement
- It can end anytime the principal wishes to revoke the power of attorney rights
- It ends when a guardian of the estate is appointed for the principal. The estate can refer to all the assets and properties held by the principal
- It ends when that principal or agent dies
- In the case of the spouse being the agent, a power of attorney ends on the day of divorce finalization
Why Would You Use a Texas Power of Attorney Form?
Free power of attorney form is a useful legal aid that can help you carry out a multitude of tasks with the help of an agent. It can be extremely helpful when you are physically unable to present yourself for legal and financial take.
The Texas State laws mandate a valid Power of Attorney form for any government agency or third party offices to accept an agent to represent yourself.
For instance, real estate agents can be given a power of attorney to carry out property-related transactions.
The power of attorneys can help you delegate responsibilities and carry out the financial and legal transactions without any delay. They also help transfer decision making to a person of your choice in case of any medical emergencies or minor guardian issues.
What Are The Power of Attorney Requirements in Texas?
There is a certain set of minimum requirements that should be met for a power of attorney to be considered legal and effective. For a valid power of attorney, the Texas state puts forth the following requirements, as specified under chapter 752 of the Texas Estate code:
- The power of attorney document should be signed before a notary public.
- The person signing should be of proper legal age and should have completed 18 years of age at the least.
- The principals should be of sound mind when signing the power of attorney document. They should be aware of the legal implications and the exact extent of the rights they grant to the agent.
- In case of a Texas power of attorney used for real estate transactions, the document should be filed with the clerk of the county corresponding to the location of the property.
The document must have the name and sign of the principal, name of the agent(s), date of the agreement, powers granted specifically mentioned, date of commencement, and end of powers.
Types of Power of Attorney in Texas
Based on the extent of rights and the purpose, a power of attorney can be classified into several types.
General Power Of Attorney
A standard general power of attorney gives the agent the right to act on a wide range of activities. This type of power of attorney is usually used when the principal is unable to carry out certain tasks. The principal could be physically or mentally disabled or incapacitated.
This type of power of attorney is granted to the agent in case of a limited duration for handling specific matters. For instance, the principals could be expected to be overseas and want certain tasks to be carried out by their agent.
Texas Durable Power Of Attorney
When a general power of attorney is extended due to the principal becoming incapacitated or disabled for a longer duration, it is called a durable power of attorney Texas. If the principal is unable to recover to normal, the power of attorney rights can be extended.
Springing Power Of Attorney
A springing power of attorney is put in place and comes into effect only when the principal becomes physically or mentally disabled or incapacitated. The agent gains authority only upon the condition that the principal is no longer able to carry out their tasks.
Texas Medical Power Of Attorney
A medical power of attorney Texas is specifically used for making medical decisions on behalf of a principal who is no longer in a sound physical or mental capability to decide for themself. This power of attorney gives only the right to make treatment and medicine related decisions to the agent.
Guardian of Minor Power of Attorney
Power of attorney child Texas is used to delegate guardian rights of a minor child to someone else other than the parents. Parents may choose someone to care for their children in case they become incapacitated.
Tax Power Of Attorney
This type of power of attorney is a special type wherein the agent is a tax professional and is given rights to carry out tax-related matters.
Vehicle Power Of Attorney
This power of attorney gives rights to the agent to deal with the principal's vehicle issues with the Texas Department of Motor Vehicles.
Real Estate Power Of Attorney
This power of attorney is used to delegate property related transactions and dealings to an agent.
How to Get A Power of Attorney in Texas
The procedures and processes related to the Power of attorney rights in Texas are governed by Chapter 752 of the Texas Estate Code.
To get a power of attorney, you should fill up a form and get it signed with a notary public. Do check the requirements part to know what makes a power of attorney valid.
You can download the specific forms to be used for each type of power of attorney for free online.
The power of attorney forms should be properly formatted and should have valid details to be considered legally valid. You can download valid power of attorney documents templates for free from CocoSign. Check out our extensive collection now.
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