Learn About Powers of Attorney in Texas

Robert Ray

Are all powers of attorney the same?  

The short answer is no.  A power of attorney can grant a general power or a special power.  It can be a durable power of attorney or not.  You can also have a power of attorney solely for medical decisions.

What do all of these terms mean?  A power of attorney is granted by one person, the principal, to another person, the agent usually called the “attorney in fact.”  The attorney in fact has the powers to act on behalf of the principal and to do those things that the principal has granted him the power to do just as if the principal were doing them himself.

A general power of attorney grants the broadest powers.  An attorney in fact with a general power of attorney can

do almost anything from selling the principal’s real estate to opening and closing bank accounts on behalf of the principal.

A special power of attorney is less broad and is restricted to the powers that are specifically mentioned in the special power of attorney.  An example would be granting someone the power to transfer title to an automobile or to cash a check from an insurance settlement.  The attorney in fact is not allowed to act on behalf of the principal except within the limits set out in the special power of attorney.

A power of attorney for medical purposes gives the attorney in fact the right to make medical decisions on behalf of the principal at a time when the principal is not capable of making them himself.

Any power of attorney can be made “durable.”  A power of attorney ends if the principal becomes incompetent.  A durable power of attorney will remain in effect even if the principal becomes incompetent.  From this discussion, you can see that the principal must be competent at the time he grants a power of attorney otherwise, the power of attorney is no good.

A power of attorney ends on the death of the principal whether the power of attorney is durable or not.

The attorney in fact must exercise his powers with the upmost care because he is a fiduciary and is potentially liable if he does not take good care of the principal’s property under his control.

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Definition of Life Estate and Remainder

Definition of Life Estate and Remainder

Property left to a person for their life creates a life estate. The person is a life tenant. When the life tenant dies, the property (or remainder) goes to another, called the remainderman.

Procuring a will may be a crime.

Procuring a will may be a crime.

A good faith contest between two wills does not amount to a theft and would not be prosecuted as one. But the legislature has expressed its intent in clear terms: when an actor appropriates property knowing its owner cannot give effective consent to the transfer, the...

Definition of Escheat

Definition of Escheat

Escheat Escheat means the right of the state to take ownership of property for which there is no owner. Inheritance In the inheritance context, it means that the state owns your property after you die if you don't have a will and no heirs can be found. Prevention...

Definition of Intestate in Texas

Definition of Intestate in Texas

What is intestate Intestate means a person dies without a valid will. When a person dies intestate, the determination of who gets his property is made by a judge with reference to the state's descent and distribution laws. These laws may be exactly what the decedent...

Definition of Administrator or administratrix

An Administrator (or Administratrix) is the person appointed by the court to handle the estate of someone who died without a will, with a will but no nominated executor, or the executor named in the will has died, has been removed from the case or does not desire to...

Definition of Executor or Executrix in Texas

The person appointed to administer the estate of a person who has died leaving a will which nominates that person. Dictionary.Law.Com. An executor is a fiduciary. By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not...

Definition of Trustee

A person or entity who holds the assets (corpus) of a trust for the benefit of the beneficiaries and manages the trust and its assets under the terms of the trust stated in the declaration of trust which created it. Dictionary.Law.Com. A trustee is a fiduciary. By...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This