When it comes to estate planning, many people believe they only need a will. Although a will is an important component of any estate plan, you should also consider other important documents. A power of attorney is one of these.

A power of attorney is a legal document that allows you, known as the principal, to designate someone you trust, known as the agent, to make decisions on your behalf in the event that you are incapacitated or absent and unable to make decisions on your own. There are many different types of power of attorney in Texas, including a durable power of attorney that allows an agent to handle your finances or a medical power of attorney that allows someone to make health care decisions for you. Below, our Houston estate planning lawyer outlines the importance of powers of attorney.

Why Draft a Power of Attorney?

A power of attorney is critical when ensuring that an entrusted person can manage your affairs if you are ever unable to do so yourself. If one is not in place, your loved ones may have to petition the court for guardianship, which can be an expensive and lengthy process. The many benefits of drafting a power of attorney are as follows:

• Plan for incapacitation: The main reason people draft a power of attorney is so they can be prepared for an unexpected injury, illness, or other incapacitation, such as Alzheimer’s and other forms of dementia.
• Avoid court intervention: Many people assume that if they suddenly become incapacitated, their family members can immediately start making decisions for them. Sadly, this is not true. The court will need to appoint a guardian who can then make decisions on your behalf. The guardianship process involves background checks, legal fees, and the ongoing supervision of the court. A properly drafted power of attorney can help your family avoid this stressful and lengthy process.
• Ensure your wishes are respected: When the court appoints a guardian, it may not align with your wishes. By drafting a power of attorney, you retain control over who will make decisions on your behalf and can ensure you designate someone you trust implicitly.
• Manage financial affairs: A durable power of attorney allows your agent to make important financial decisions on your behalf. They can pay your bills, manage your bank accounts, file your taxes, and handle real estate transactions and insurance claims. This is helpful if you own investment property and need to travel abroad, and ensures that your mortgage is paid and that your utilities keep running if you become incapacitated.
• Make medical decisions: A medical power of attorney, also known as an advance directive, gives your agent the authority to make healthcare decisions on your behalf when you are unable to communicate your preferences yourself. Your agent can make decisions regarding treatment, surgeries, end-of-life care, and more, and ensure your medical wishes are respected.
• Provide peace of mind: A power of attorney can give you the peace of mind that your wishes will still be respected in the event that you become incapacitated or are absent. These legal documents can also provide your family members with peace of mind, as they will not have the burden of making decisions on their own.

Legal Requirements for Powers of Attorney in Texas

Although drafting a power of attorney has many benefits, you and your loved ones can only realize them if your document is drafted properly. To do this, it is important to work with a Houston estate planning lawyer who can ensure you meet the legal requirements. These are as follows:

• You must be at least 18 years old.
• You must have the mental capacity to draft the documents, which means you understand their purpose and potential impacts.
• The document must be in writing.
• You must sign the document in the presence of a notary.
• You must include explicit statements regarding the powers you are granting your agent. General statements are often not sufficient for certain types of authority, such as managing real estate.
• You must include language stating that the document remains effective even if you become incapacitated or disabled.
• If your agent will have the power to manage real estate transactions, the document should be filed with the county clerk in the county where the property is located.

Certain types of powers of attorney, such as medical powers of attorney, must also be signed by two witnesses. These witnesses must both be at least 18 years of age and cannot be the designated agent, a relative or spouse of yours, your primary physician, an employee of your primary physician, your residential care provider, or anyone who has an interest in your estate.

How Can a Houston Estate Planning Lawyer Help with Your Power of Attorney?

You are not required to work with a Houston estate planning lawyer when drafting your power of attorney. However, it is always recommended that you do, as having a knowledgeable attorney on your side has its own benefits. A lawyer can help with your power of attorney in the following ways:

• Provide expert legal advice, ensure your document meets the legal requirements in Texas, and help you determine which power of attorney is right for your situation.
• Ensure the document reflects your wishes in clear language.
• Help you choose the right person as your agent, as well as the fiduciary duty they have to you.
• Protect you against power of attorney abuse.
• Explain the potential legal implications of naming a power of attorney.
• Represent you in court if your power of attorney is challenged.

Call Our Estate Planning Lawyer in Houston Today

If you need to draft a power of attorney or other legal documents, our Houston estate planning lawyer at Integrity Law Group, PLLC, can help. Call us now at (832) 280-9197 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can ensure you have the protection you need today, and in the future.

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