![]() The Texas medical power of attorney form is set forth in Sections 166.163 and 166.164 of the Texas Health and Safety Code. The form is easy to use, and includes information to help you fill in the blanks with the needed information. It is a durable power of attorney because it gives your agent the authority to act if you become disabled or incapacitated. It is a statutory power of attorney because it was created by the Texas legislature and is part of the Texas Statutes. It is titled “Statutory Durable Power of Attorney," and it provides for your agent to have all types of powers, except for medical treatment decisions. The durable power of attorney Texas has created for financial matters is set forth in Section 752.051 of the Texas Estates Code. Texas statutory durable power of attorney ![]() By its very nature, a medical power of attorney is both a durable and a springing power of attorney. This is a special type of power of attorney that gives the agent the authority to make medical treatment decisions for you if you become mentally or physically unable to make your own decisions. The general power of attorney Texas has created is titled: Statutory Durable Power of Attorney. This gives someone the authority to act in a broad range of matters, such as buying and selling real estate and personal property, handling banking, managing investments, operating a business, handling taxes and lawsuits, and applying for government benefits. In Texas, this is called being “disabled or incapacitated." A springing power of attorney delays the time that the agent's authority begins until a certain event occurs, such as the principal's becoming mentally or physically incapable of making or communicating decisions. Traditionally, the agent's authority began the moment the power of attorney was signed by the principal. A durable power of attorney allows the agent's authority to continue in such a situation. Traditionally, the agent's authority ended if the principal became mentally incapacitated. The person who signs a power of attorney.Īgent or attorney-in-fact. The person who is given the authority to act for the principal.ĭurable power of attorney. To understand powers of attorney, it is necessary to know the following basic terms: In Texas, the legislature has created two power of attorney forms: one for medical treatment, and one for everything else. This document was acknowledged before me on day of, 20 by (name of principal).To make it easy to get a power of attorney, Texas has created fairly simple forms for both a financial and a health care power of attorney.Ī power of attorney is a legal document that gives someone you trust the authority to act for you in certain matters. I grant my agent the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. Special instructions applicable to gifts: My co-agents may act for me only if a majority of the co-agents act jointly. My co-agents may act for me only if the co-agents act jointly. Each of my co-agents may act independently for me. Special instructions applicable to co-agents: My agent is entitled to reimbursement of reasonable expenses incurred on my behalf but shall receive no compensation for serving as my agent. My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances. Special instructions applicable to agent compensation: YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (O). (O) ALL OF THE POWERS LISTED IN (A) THROUGH (N). (N) Digital assets and the content of an electronic communication (K) Benefits from governmental programs or civil or military service (H) Estate, trust, and other beneficiary transactions (E) Banking and other financial institution transactions ![]() (B) Tangible personal property transactions I, (insert your name and address), appoint (insert the name and address of the person appointed) as my agent to act for me in any lawful way with respect to all of the following powers that I have initialed below.
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