A Texas power of attorney allows one person to choose another to stand in their place and act on their behalf as if they themselves were acting. The person doing the appointing is called the “principal” and the person they appoint to act for them is called the “agent” or “attorney-in-fact”. There are many types of powers of attorney depending on the situation. Some powers of attorney allow you to confer all of your financial power to another, while others are for more limited situations, such as titling your vehicle. In all cases, you should think about who you want to act as your agent, because they will have a lot of responsibility over your affairs.
Durable (Financial) Power of Attorney – This is a type that confers broad financial powers on your chosen representative. It also will continue to be effect if you become incapacitated, unless you revoke it before.
General (Financial) Power of Attorney – This is also a type that allows you to confer broad financial powers, however, unlike the durable form, it terminates automatically if you become incapacitated.
Limited Power of Attorney – This form of POA is less broad and can be tailored to meet your specific need to appoint a representative for a limited transaction.
Medical (Health Care) Power of Attorney – This form gives you the ability to designate a loved one to handle your health care issues and decisions in the event you can no longer communicate your wishes.
Guardian of Minor Power of Attorney – For the use of a parent who would like to delegate the care of their son or daughter in the care of someone else. If the parent would only like to select someone else, in the chance they become incapacitated, they should fill-in the Designation of Guardian for Incapacitation.
Real Estate Power of Attorney – Choose an agent to negotiate and handle the transaction of real property. This form may also be used to choose someone to make decisions on the repairs, leasing, and evictions of the premises.
Revocation of Power of Attorney – This form is used when you have an existing POA that you wish to terminate. Make sure that your agents have a copy of this signed form so that there is no question that they are no longer to act under the original POA.
Tax Power of Attorney (Form 86-113) – This form is for use when you wish to designate a tax professional to handle your tax matters.
Vehicle Power of Attorney (Form VTR-271) – This form is for use when you wish to designate someone to handle your vehicle issues with the Texas Department of Motor Vehicles
How to Write
1 – This Document Should Be Downloaded When An Agent Must Be Granted Principal Power
This paperwork will enable a Principal to effectively grant Authority over his or her affairs to a selected Agent. To obtain this document, choose one of the file types using the buttons underneath the image on this page. If you have a program that can edit a PDF, MS Word, or ODT file, then you may supply the information it requests onscreen. If not, use your browser to access the PDF version then print it.
2 – The Identities Of The Principal And Agent Require Documentation To Complete The Introduction
This document shall require a positive identification of each relevant party in its first paragraph. Produce the First, Middle, and Last Name along with any applicable Suffix of the Principal on the first available space. The Principal will be the individual who delegates his or her Authority to an Agent, so the Agent may wield it to make decisions and effect actions on behalf of the Principal. The next available area requests a focus on the intended recipient of Principal Power. Fill in this Agent’s Complete Legal Name on the space after “Appoint.”
3 – A Principal Review Of The Durable Powers Granted To The Agent Should Be Considered Mandatory
The next area will present a clearly worded list of the various areas in the Principal’s Finances that will be naturally included within the scope of Principal Authority. The Principal should review the list provided. If any of these Principal Matters should be excluded from the control of the Agent, then delete or cross out each matter from this list. Thus, if the Principal does not wish to give the Agent the Principal Authority to make any decision or take any actions regarding his or her “Benefits From Social Security, Medicare, Medicaid, Or Other Governmental Programs” then remove this list item or cross it out. The Principal may choose as many or as few items to remove or deliver Principal Authority in all these matters to the Agent.
4 – An Opportunity For The Principal To Fine Tune This Appointment Has Been Presented
The Principal may choose to limit the Authority to handle “Gifts” in his or her Name by initialing the statement in the “Special Instructions” section. If this is done the Principal will limit the Agent’s ability in this area by restricting the amount of an Agent caused Gift Value to exceed the annual exclusion allowed from the Federal Gift Tax of that Calendar Year (of the Gift).If the Principal wishes additional instructions or conditions that would limit or direct the Agent’s use of Principal Authority, they should be documented on the blank lines in this statement. If more room is required, you may continue it on an attachment.
5 – The Relationship Between This Document And The Principal’s Well-Being Should Be Established
The Authority delivered through this paperwork will be effective as soon as the Signature and Notarization processes are completed and remain active until the Principal issues a written revocation. The Principal can choose to alter this time frame where his or her potential incapacitation are concerned. If the Principal wishes the Authority here to terminate upon his or her incapacitation, then cross out or delete statement “(A).” If the Principal wishes the Powers here to begin upon his or her Signature then cross out option “B” Only one these should be crossed out however if neither are, then Option A will be put into effect.The last three paragraphs should be initialed if the Principal agrees with them. The first two will name Option A above to be the default option, if no choice has been made and declare the Principal will not hold a third party responsible for honoring this document after it has been revoked but before it has been delivered (respectively), the Principal can initial either of these, neither or these, or both of these statements at his or her discretion.The third paragraph here will state the Principal’s intention of having these Powers automatically delegated to an Alternative Agent should the Principal Agent be unavailable or unable to wield Principal Power. If the Principal has this intent, the Name of each Alternative Agent should be supplied to the blank area provided and the Principal should initial the blank space that precedes the paragraph starting with the words “If Any Agent…”
6 – An Authentic Signature From The Principal Must Be Supplied
The Principal will need to sign his or her Name before a Notary Public. To begin, the Principal should record the Current Calendar Day, Month, and Year when he or she signs this document.The Principal must sign the line that precedes the parentheses label “Your Signature)”The Notary Public will use the area below the blank space labeled “State Of” to notarize this document.