Durable Power of Attorney for Property

A general durable power of attorney for property allows someone you (the Principal) designate (your attorney in fact) to manage your property without court supervision if you are not able to act. This can avoid the need for a guardianship.

The Texas Probate Code prescribes duties of an attorney in fact. It is very important that you choose someone you trust to perform this job since under a general power of attorney they have broad powers, including the powers to buy and sell property, to expend funds, to make agreements on your behalf, and to make gifts.

A power of attorney may also be "special" or "limited," meaning that the person designated as the attorney in fact can only take certain prescribed actions. Only a general power is offered through our online services. If a special power of attorney is needed, you should feel free to call for traditional services, or contact the lawyer of your choice.

In addition, it is usually wise to name an alternate in case your first choice is not able to act. You may have more than one power of attorney in effect at one time.

A power of attorney is only valid as long as you are alive.

A spouse does not automatically have the power to act for the other spouse, thus a power of attorney is necessary even when married. Similarly, a parent does not have the power to act for an adult child, thus a power of attorney is necessary, although the parent is the "natural guardian" of a minor child, subject to court appointment of a legal guardian of the estate.

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