A power of attorney is a legal document in which one person, called the principal, gives another person, called the agent, the power to manage the principal's financial affairs or to make health decisions on his behalf. There are several different types of power of attorney, and the powers given to an agent can vary. These can include signing contracts, managing real estate on the principal's behalf, and choosing a nursing home. Because of this, people delegating complicated powers may chose to have their power-of-attorney form drawn up by a lawyer. If you want to do it yourself, Texas forms are available online.
Decide what type of Texas power of attorney you will need. A Texas medical power of attorney, sometimes called a durable power of attorney for healthcare, allows the agent to make health care decisions for the principal in the event the principal becomes physically or mentally incapacitated. A statutory, or general, power of attorney allows the agent to made financial decisions for the principal.
Download the Texas Medical Power of Attorney disclosure statement form from the Texas Medical Association website (see Resources). Read this form to make sure you understand the implications. Then download the Texas Medical Power of Attorney form. Fill this form in and then print it out.
Download a Texas Statutory Durable Power of Attorney form from the Texas State Legislature website. Fill this form in and print it out.
Take your Texas power-of-attorney form to a notary public and have it notarized. Any signatures required on the form, such as witness signatures and the signature of the principal, will need to be made in front of the notary. The Texas Medical Power of Attorney form will need to be signed and witnessed by two people. One of the witnesses must be someone other than the agent, relative of the principal, principal's doctor, beneficiary of the principal's estate or anyone working in the health care facility where the principal is a patient. The witnesses must not be related to the principal and cannot be anyone who stands to inherit if the principal dies.
Tips & Warnings
You can also obtain a medical power-of-attorney form from your local hospital or health care facility, doctor's office or health facility, your lawyer, the Texas Medical Association,Texas Health Care Association, or the Texas Association of Homes for the Aging. Your lawyer, retirement or assisted-living facility and the Texas State Bar Organization can also provide you with a statutory power of attorney form.
References & Resources
- Texas Wills and Probate: Power of Attorney
- Texas Department of State Health Services: Legal Planning: Questions and Answers
- Texas Medical Association: Medical Power of Attorney
- Texas Medical Association: Texas Medical Power of Attorney
- Texas Constitution and Statutes: Probate Code Chapter XII: Durable Power of Attorney Act
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