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Estate Planning & Probate Specialists

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What should I know about a durable power of attorney in Texas?

There are many reasons why a Texan would need to consider the importance of drafting estate planning documents. One motivation could be that they have significant assets they are concerned about. Another reason might be that they own a business that they would like to remain in the family. Some other common incentives are because the individual is thinking about how they can use their assets to benefit their heirs or are possibly worried about what will happen to them if they become ill and incapacitated. In those situations, a durable power of attorney can be useful.

With a durable power of attorney, an individual (principal) grants the ability to another person (agent) to make decisions on his or her behalf with regards to health care and end-of-life determinations. This is often a relative, but does not necessarily need to be so. The principal will have certain desires such as a not wanting to persist on life support or to use machines for them to remain alive. The durable power of attorney lets the agent inform the hospital of these mandates.

Medical treatment and end of life decisions are a common concern for many people as they are considering their estate planning needs. Having someone they trust to serve as an agent can take a lot off their minds when they think about the future. Understanding the law regarding a durable power of attorney is imperative before using this option and deciding who the agent should be. A legal professional who is experienced in all areas of estate planning including the details of a durable power of attorney can help.