When it comes to power of attorney in Texas, the document is only valid while the person is alive. After their death, someone else will need to take care of their affairs and state. The power of attorney does not expire unless the person dies or stipulates it to end. For instance, if you are having a major surgery and are worried about managing your own affairs during the surgery, recovery, and rehabilitation process, you can appoint someone to be your POA for that period and terminate it once you have recovered.
A durable power of attorney is rendered useless after death. A valid power of attorney ceases to be effective once the principal passes away. Therefore, the law does not allow the use of its authority as a power of attorney after death. Unless otherwise stated, this power of attorney is effective immediately and will continue until it ends.
The authority granted to you under this power of attorney is specified in the Durable Powers of Attorney Act (Subtitle P, Title 2, Probate Code). A power of attorney is a legal form that allows the person who creates it (the “principal”) to appoint a trusted person (the “agent”) to act on their behalf. It can be used to change or convert the type of insurance or annuity contract with respect to which the principal has or claims to have a power of attorney described in this section; one or more of the categories of optional powers listed in the manner prescribed by Section 752.051 are not initialled; or reimburse the de facto lawyer or agent for an expense incurred in the exercise of powers granted by the durable power of attorney; and. If you are concerned that an agent is abusing your right as a power of attorney, find out who can override a power of attorney. You can choose a trusted family member or friend, or even your lawyer if there are no suitable candidates.
Even if you had a power of attorney for someone while they were alive, your rights after their death only extend as far as described in their will. By comparison, a standard power of attorney expires when the principal becomes mentally incapacitated or dies. The form prescribed by Section 752.051 is not exclusive and other forms of power of attorney may be used. In any case, with or without a will, the probate court shall grant authority to act on the estate of a deceased person to a person who may or may not also be the agent under the power of attorney. It is important to understand how a power of attorney works after death. There are several types available, each serving its own purpose and giving agents different levels of authority.
It is essential to know what type you need and how it will work after death.