Basically, in Texas, the power of attorney document is only viable when that person is alive. All that said, you or someone else will still need to be able to handle that person's affairs and their state after their death. The power of attorney does not expire unless you die or make the stipulation to end it. For example, if you are having major surgery and are concerned about your ability to manage your own affairs as you go through the surgery, rehabilitation, and recovery process.
In such a case, you can designate someone to be your POA when you need it and terminate the POA once you have recovered. A durable power of attorney after death becomes useless. A valid power of attorney expires once the principal dies. Therefore, the law does not allow the use of his authority as a power of attorney after his death.
UNLESS OTHERWISE STATED BELOW, 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. 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. IN THE FOLLOWING LINES, YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXPANDING THE POWERS GRANTED TO YOUR AGENT.
You can choose a trusted family member or friend, or you can even choose 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. However, many people do not understand how a power of attorney works after the director's death. 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. There are several types of power of attorney available, each serving a unique purpose and giving agents different levels of authority.
