Why POA Matters
If you become unable to make medical or financial decisions, a Power of Attorney (POA) ensures someone you trust steps in immediately—avoiding expensive court-appointed guardianship or conservatorship. There are two primary POAs: Financial Power of Attorney and Healthcare Power of Attorney (Medical POA).
Key Benefits:
Immediate Authority: Your chosen agent can pay bills, file tax returns, and manage property the moment you are deemed incapacitated—no waiting for court approval.
Avoid Guardianship: Without POA, family members may need to petition the court for guardianship—an expensive, time-consuming, and public process.
Custom Instructions: Specify detailed guidance (e.g., “pay mortgage from my checking account first,” or “follow my advance-directive instructions strictly”).
HIPAA Authorization: Ensures medical providers can legally speak with your designated healthcare agent and share relevant information.
Types of POAs We Draft:
Durable Financial Power of Attorney: Grants an agent authority over bank accounts, bill payments, investments, real estate, and other financial matters.
Healthcare Power of Attorney / Medical POA: Names a healthcare agent to make medical decisions on your behalf—surgical consents, end-of-life instructions, or mental health treatment decisions.
Living Will (Advance Directive): Though not technically a POA, it pairs with Medical POA to declare your wishes on life-sustaining treatments (e.g., ventilator, feeding tube, DNR).
Our POA Process:
Information Gathering: We discuss potential agents, your preferences, and any limitations (e.g., “My agent cannot sell my primary residence without court approval”).
Drafting Custom POA Documents: We incorporate your specific instructions, dates, and triggers (e.g., agent authority only kicks in after two licensed physicians confirm incapacity).
Review & Signing: We walk you through the document line by line, answer questions, and supervise the notarization/witness requirements.
Distribution & Record-Keeping: We provide you with multiple originals—one for a trusted family member, one for your bank or investment advisor, and one kept securely with our office.
Frequently Asked Questions (FAQs)
1. What is a Durable Power of Attorney (DPOA)?
A Durable Power of Attorney is a legal document in which you (the “principal”) name someone (the “agent” or “attorney‐in‐fact”) to manage your financial affairs if you become incapacitated. “Durable” means it remains valid even if you lose mental capacity. Your agent can pay bills, access bank accounts, file taxes, and handle other money matters without needing the court to appoint a guardian.
2. What is a Medical Power of Attorney (Healthcare POA)?
A Medical Power of Attorney (sometimes called a Healthcare POA) authorizes your chosen agent to make health‐care decisions for you if you cannot speak for yourself. That includes consenting to or refusing treatments, deciding on life‐sustaining measures (ventilators, feeding tubes), and choosing care facilities. In Texas, it must be signed in front of two adult witnesses, one of whom cannot be related by blood or entitled to any part of your estate.
3. How do I choose the right agent for my POA?
Your agent should be:
Trustworthy & Responsible: Someone who will follow your instructions, manage funds ethically, and keep clear records.
Available & Accessible: Ideally located in Texas or able to travel here quickly—banks or medical providers often require in‐person documents or quick responses.
Financially Literate (for a DPOA): Comfortable balancing budgets, paying bills, and working with attorneys or CPAs if needed.
Decisive Under Pressure (for a Medical POA): Able to stay calm, ask the right questions of doctors, and advocate for your wishes.
Before naming anyone, have an honest conversation—confirm they understand your values, preferences, and willingness to serve.
4. Can I limit what my agent can do?
Yes. Texas allows you to draft a Custom Power of Attorney that restricts your agent’s authority. For example, you can specify that your DPOA agent can only:
Pay mortgage and utility bills, but not sell your home.
Manage investment accounts, but not close them.
Access specific bank accounts but not others.
For a Medical POA, you can include a written statement (often called an “advance directive”) that limits certain treatments (e.g., “My agent may not withhold nutrition if I’m in a reversible coma”). Specifying these limitations in writing ensures your agent cannot exceed the powers you intended.
5. When does my Power of Attorney become effective?
You have two choices:
Immediate Effective POA: Your agent’s authority starts as soon as you sign and notarize the document. Use this if you need help right away (e.g., you’re traveling often or have early cognitive issues).
Springing POA (Effective Upon Incapacity): Your POA only “springs” into effect when you lose capacity (confirmed by two licensed physicians’ written statements). This protects your privacy and finances until you genuinely need assistance—but can delay access if obtaining medical certifications takes time.
Discuss with us which option best matches your situation.
6. How do I revoke or update my Power of Attorney?
To revoke a POA in Texas:
Draft a written Revocation of Power of Attorney naming the specific document you’re revoking.
Sign it in front of a notary (and, for Healthcare POA, two witnesses).
Provide copies to your former agent, any institutions (banks, hospitals), and keep a copy with your attorney.
To update or modify, you simply execute a new POA that explicitly revokes prior documents (e.g., “This instrument revokes any earlier Durable Power of Attorney executed on [date].”). Always distribute copies of the newer document so everyone—banks, physicians, family—knows which version is current.
7. Do I need a POA if I already have a Living Trust?
Yes, in most cases. Even with a Trust, you still need:
A Financial POA for any assets not yet transferred into the Trust (e.g., newly opened bank accounts, new vehicles, or assets you simply forgot to fund). Without a POA, those outside assets would require a court Guardianship proceeding if you become incapacitated.
A Healthcare POA because a Trust cannot dictate medical decisions. Only a Medical Power of Attorney (and accompanying living will directives) can instruct doctors on your care.
In short, Trusts cover asset distribution at death or incapacity, but POAs fill the gap for day‐to‐day decisions and any asset left outside the Trust.
8. How much does it cost to draft Powers of Attorney in Texas?
At Leeds Law Firm, we offer flat‐fee packages for POA documents:
Durable Financial Power of Attorney: $750 (includes drafting, two rounds of edits, and final execution guidance).
Medical Power of Attorney & Living Will Bundle: $750 (two documents, signed in front of two witnesses—one unrelated—and notarized).
Comprehensive POA Package (both Financial & Medical): $1,200 (discounted rate, covers both, plus any customization or special instructions).
These fees include a brief consultation to choose the right agent, draft any limiting language you want, and ensure Texas statutory requirements are met. If you need more complex customization (e.g., special triggers, multistate provisions), we’ll quote that separately before proceeding—no hidden costs.