Probate - General and Medical Powers of Attorney (POAs)

What is a Power of Attorney, and when do you actually need one? In this video, Texas probate and guardianship attorney Whitney Thomas explains what a power of attorney (POA) is, how it works, and why having one in place is an important part of planning for the future.

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The following video provides general legal information about Texas laws. The information discussed should not be considered legal advice. If you are in need of legal advice, please consult with a licensed attorney in your state of residence.

What is a Power of Attorney (POA)?

A power of attorney or POA is a legal document that lets you, the principal, give someone you trust, called your agent, the power to act on your behalf. This could include managing bank accounts, handling property, or taking care of the day-to-day financial tasks.

How are POAs Helpful?

A power of attorney doesn't just come into play when you're unable to make decisions. It can also be helpful when you're traveling, recovering from surgery, or just need someone to assist with your finances.

Can I Get a POA for Someone Who Can’t Make Sound Decisions?

A family member cannot create a power of attorney for a loved one who has already lost capacity. The principal must be of sound mind when they sign the document. If there is no valid power of attorney in place, your family may have to go through the court to establish guardianship, which can be expensive and time-consuming.

Are POAs Valid After Death?

A power of attorney ends when the principal passes away. After death, only a court-appointed executor or administrator can handle the person's affairs.

How Can an Attorney Help Me With a POA?

An attorney can help tailor the powers you give your agent, help you decide when the power of attorney becomes effective, and can also ensure that you designate backup agents so that your power of attorney doesn't fail.