When you are going through a difficult time, whether it be an injury or the incapacitation of a family member, you might encounter may complex legal terms. One of the most misunderstood of those is power of attorney. Lucé Law, PC always aims to help our clients understand every aspect of their case and the legal process that they are going through. Once you have a thorough understanding, you can make the best decisions possible for your situation. If you have any questions about your case, we urge you to ask your attorney.
What Is Power of Attorney?
Power of attorney is a specific document that you sign that allows another person to make decisions on your behalf. A power of attorney document comes into play when you are incapacitated and unable to make your choices due to physical or mental health. The individual that you choose will be called the “attorney-in-fact” and will be able to make legally binding decisions about your health and finances.
How to Create a Power of Attorney Document
There are just two requirements to have a valid power of attorney. You need soundness of mind of the person signing the document, and in most states you need witnesses. Some states required notarization while others do not. In Texas, only certain power of attorney documents needs to be notarized to be valid.
Types of Power of Attorney
In Texas, there are several types of power of attorney. You may sign a medical power of attorney, statutory durable power of attorney, or a power of attorney relating to real estate transactions or vehicles. All will have different requirements and consequences. If you are confused any particular terminology, discuss it with your attorney before signing.