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972.422.9176
Power of Attorney A power of attorney is an instrument by which one person can grant another the
power to perform certain acts on their behalf. This allows someone
to designate another person the power to make medical or financial decisions for them in the event that they are incapable of making those decisions themselves. While a power of attorney can still
be effective if someone is unconscious or incapacitated, it ceases
to be effective as soon as they die. The greatest advantage for creating powers of attorney is to avoid the necessity for a court-ordered guardianship. Guardianships can be difficult, time consuming and costly for everyone involved. By creating a power of attorney, you designate someone to make medical and financial decisions for you when you are incapable of making those decisions. There are two different types of powers of attorney that have been created by the Texas Legislature: The Medical Power of Attorney, and The Statutory Durable Power of Attorney. Medical Power of Attorney A Medical Power of Attorney allows you to designate a family member or friend to make medical decisions for you in
the event that you are not able to do so. It does not become effective
until such time as you require medical care and are incapable of making
those decisions yourself. The person you designate to make these decisions is known as the “agent,” and they have broad authority to make medical decisions, unless the authority is otherwise
restricted. The Medical Power of Attorney must be
signed by the person granting the power, by two witnesses, and by a notary public. Copies should be provided to regular doctors and physicians, as well as the people named in the document,
so that they are aware of their responsibilities. Durable Power of Attorney A Durable Power
of Attorney allows you to designate someone to make financial decisions for you in the event that you are unable to do so for yourself. Unless restricted otherwise, the agent has the authority to make a wide range
of financial decisions. Just as the Medical Power of Attorney, this
document remains effective even after you are incapacitated. However,
the Durable Power of Attorney ceases to be effective upon your death. If you believe that a Medical or Statutory Durable Power of Attorney is necessary, you need to ensure that all of
the proper steps and requirements were completed. Please call The Law Office of Nicholas R. Smith at 972-422-9176 or email info@nicholassmithattorney.com to schedule a free consultation.
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The Law Office of Nicholas R. Smith * 555 Republic Dr., Suite 200 * Plano,
Texas * USA * 75074 Phone: (972) 422-9176 Fax: (972) 422-9177
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