SAN ANTONIOPower Of Attorney

What Is Power Of Attorney?

Power of attorney allows you — the principal — to designate an agent or attorney-in-fact to act on your behalf. This legal arrangement is crucial for managing affairs if you become incapacitated or unable to make decisions.

There are different types of POA:

• General power of attorney — Grants broad authority to the agent to handle various legal and financial matters
• Limited power of attorney — Limits the agent’s authority to specific actions or timeframes
• Durable power of attorney — Remains effective even if the principal becomes incapacitated, ensuring continuity in decision-making

Power of attorney ensures your affairs are managed according to your wishes, providing peace of mind and security for both you and your loved ones.

Durable Power Of Attorney Explained

Durable power of attorney is particularly valuable because it remains in effect if you become incapacitated due to illness or injury. This continuity ensures that your agent can continue managing your affairs without interruption, which is critical for ongoing financial management and healthcare decisions.

How To Obtain Power Of Attorney

Obtaining power of attorney involves several important steps:

1. Consultation — Schedule a consultation with Bineham & Gillen to discuss your specific needs and preferences.
2. Documentation — Our attorneys will draft the POA document according to your instructions, outlining the scope of authority granted to your chosen agent.
3. Execution — Sign the POA document in accordance with state legal requirements, which may include witnesses or notarization.
4. Agent selection — Choose a trusted individual to act as your agent, ensuring they are responsible and understand your wishes.

Our team guides you through each step, ensuring the POA is legally sound and meets your unique needs.

Who Can Override A Power Of Attorney?

Understanding who has the authority to override a power of attorney involves considering several key circumstances and legal principles. A power of attorney can be overridden or revoked under certain circumstances:

• Revocation — You can revoke a POA at any time, as long as you are mentally competent to make such decisions.
• Expiration — POA documents may specify an expiration date or condition under which they become invalid.
• Legal challenges — Third parties or concerned parties can challenge a POA’s validity through legal proceedings, particularly if there are suspicions of fraud or undue influence.

Agents under POA are legally obligated to act in your best interests and can be held accountable for misuse of authority.

Legal And Practical Considerations

Acting as an agent under POA carries significant responsibilities, including managing finances, making healthcare decisions and adhering to the principal’s wishes. Our attorneys provide guidance on fulfilling these responsibilities effectively while navigating legal and ethical considerations.

Power Of Attorney In Texas

In Texas, specific laws govern the creation and execution of power of attorney documents. Our firm ensures compliance with Texas state laws, addressing unique considerations for residents, such as notarization requirements and legal formalities.

POA documents drafted by Bineham & Gillen are tailored to meet Texas-specific legal standards, providing peace of mind and legal clarity for our clients.

Taking Control Of Your Legal Affairs

Creating a power of attorney is a proactive step to ensure your wishes are respected and your affairs are handled as you want. At Bineham & Gillen, we’re dedicated to providing effective legal solutions that protect your interests and keep decision-making consistent.

Contact us today to schedule a meeting and find out how we can help you establish or update your power of attorney to secure your future with confidence.