Power of Attorney
Power of Attorney in Denton County & Surrounding Areas
With more than 75 years of experience, the attorneys of Coffey & Yates in Denton County are equipped to handle the most complex Powers of Attorney situations.
If you should suffer a disability which prevents you from being able to sufficiently make decisions for yourself, then someone else will need to make some decisions for you. If you have prepared a Power of Attorney ahead of time, then you will have chosen who you want to take care of you. If you have not created a Power of Attorney, then the Court will appoint someone to serve in that role, as your Guardian.
When a Power of Attorney is created, there is an option as to when it will go into effect. Some people want them to go into effect only if and when two doctors certify that they are disabled. Other folks want their Powers of Attorney to go into effect right away. There are pros and cons to each of those arrangements.
Different Powers of Attorney cover different things, such as medical care and estate management.
Durable General Power of Attorney
This kind of Power of Attorney allows the person whom you appoint as your agent to take care of your business affair. This includes doing things like paying your bills, making decisions about your insurance and retirement investments, and dealing with governmental agencies (such as the IRS) on your behalf. Those are some of the more common powers granted in a Power of Attorney, but there are others that might also be granted, depending on the wishes of the person creating the Power of Attorney.
New Durable General Power of Attorney Form Used in Texas
The suggested form for these instruments was changed by the Texas Legislature in 2013. See Texas Estates Code Section 752.051. Over time the older forms may be less accepted by financial institutions and the government, as they become less familiar than the new form. If a Power of Attorney is not accepted, then it is not effective. So, if you have a Texas Durable General Power of Attorney prepared before 2013, it is advisable to update it to the current form.
Medical Power of Attorney
The agent you appoint in this document may make medical decisions for you. This means that your agent may consent, or may refuse to consent, to medical treatment for you. He or she may also withdraw consent for those procedures. This includes the power to make decisions about withdrawing or withholding life-sustaining treatment. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had, with just a few exceptions. Your agent cannot, under a Texas Medical Power of Attorney, consent to: your commitment to a mental institution; Convulsive treatment; Psychosurgery; Abortion; and Neglect of Comfort care.
As with the Durable General Powers of Attorney, you may designate that the person whom you appoint as your agent to make medical decisions for you can make those decisions right away. But, most people choose to have their agent’s authority begin only when two doctors certify that they lack the capacity to make their own health care decisions.
Contact Us For A Consultation
If you are concerned about the distribution of your assets upon your death or need help in drafting a will or other estate planning documents, you can rely on the attorneys at Coffey & Yates, P.C. Please call 940-591-6473 to schedule your appointment in person or via phone or send us message using the contact form.