What Is A Power Of Attorney (POA)
Understanding the meaning of a power of attorney (POA) when navigating legal roles is important. A power of attorney is a legal document that gives an individual or organization — referred to as your attorney-in-fact or agent — permission to act on your behalf if and when you are no longer able to do so.
Depending on the type of POA, the agent may have the power to make financial, business, medical, real estate or insurance decisions, among other things.
There are four types of POA and each covers different scenarios that may arise:
- General Power of Attorney
- Special Power of Attorney
- Health Care Power of Attorney
- Durable Power of Attorney
A General POA
This option allows the agent to act on your behalf when you are absent or incapable of acting. It may also cover unique situations that you specify.
Special Powers of Attorney
These are typically used in short-term situations to grant an agent permission to act on your behalf. This may include giving a business partner the power to make financial decisions in your absence, giving a family member the ability to make real estate decisions while you are away on active military duty and more.
A Medical POA
In Texas, a health care power of attorney (HCPOA) is essentially the same thing as a medical power of attorney (POA). Both terms refer to the same type of legal document. In this case, an individual is given the power to make any health or medical decisions on your behalf if you are incapable. It is often paired with a living will to provide guidance to the agent if difficult decisions need to be made.
A Durable Power of Attorney
This option can be any of the above powers of attorney with the difference that it stays in effect should you become mentally incapacitated. Typically, a doctor must confirm this state, and you can specify which doctor you would like to do so.
Who Needs A Power Of Attorney?
Simply put, if you wish for an individual or organization to make legal decisions on your behalf, you need a power of attorney. A few common reasons for setting up a POA are:
- Overseas military deployment
- Regular absences due to travel
- Upcoming surgery or medical procedures
- Managing assets or finances during long-term care
- Planning for potential incapacity due to aging or chronic illness
Establishing a power of attorney ensures that your affairs are managed according to your wishes, even when you’re unable to handle them personally. Whether you’re preparing for temporary situations or safeguarding against future uncertainties, having a POA in place gives you peace of mind and provides clear legal authority to someone you trust.
How To Get Power Of Attorney
In Texas, you have the option to create a power of attorney (POA) on your own using online tools or templates. While this can be a cost-effective approach, many individuals find it beneficial to work with an attorney to ensure their POA is comprehensive and legally sound.
A lawyer can provide personalized advice, tailor the document to your needs and meet all legal requirements. Consulting with a professional can be invaluable for complex situations or peace of mind. Contact Daniel Burke to learn how to create a POA that truly reflects your wishes and protects your interests.
Secure Your Legal Future
Whether you’re planning for the future or managing a loved one’s affairs, having the right legal support ensures that everything is handled efficiently and according to Texas law.
Preparing today can prevent complications tomorrow, offering protection for you and your family.
If you need assistance with estate administration, setting up a power of attorney or any other probate matters, San Antonio attorney Daniel Burke is here to help. With nearly two decades of experience and a reputation for trustworthiness and personalized service, Dan Burke Attorney At Law can confidently guide you through each step. Reach out today to schedule your consultation and make the legal process as smooth and stress-free as possible.