Power of Attorney
Texas law requires separate documents for financial and medical decisions. Having both in place helps ensure someone you trust can act when needed.
UNDERSTANDING POWERS OF ATTORNEY
One of the Most Important Documents You Can Have
Most people assume that a spouse or adult child can automatically step in to manage finances or make medical decisions in an emergency. In Texas, that assumption is often wrong.
Without a properly executed power of attorney, even close family members may be legally unable to access your bank accounts, talk to your doctors, sign documents on your behalf, or take any meaningful action. The only path available to them may be a court-supervised guardianship, which is public, expensive, and time-consuming.
A power of attorney fixes this. It puts the right person in a legally recognized position to act for you when you cannot act for yourself. David Borger drafts these documents as part of every estate plan and makes sure they are executed correctly under Texas law.
The Two Core Documents
Texas Requires Two Separate Documents
Texas law requires separate documents for financial and medical decisions. A financial power of attorney does not authorize healthcare decisions, and a medical power of attorney does not provide authority over financial matters. Having both documents in place helps ensure the right person can act when needed.
Financial Power of Attorney (Durable)
Gives your chosen agent the authority to manage your finances if you become incapacitated, including banking, paying bills, real estate, taxes, and investments.
A durable power of attorney remains effective if you become incapacitated, allowing your agent to continue managing your financial affairs.
Medical Power of Attorney
Gives a trusted person the authority to make healthcare decisions for you if you are unable to make them yourself.
Unlike a Living Will, which records your treatment preferences, a medical power of attorney allows your chosen agent to make medical decisions based on your wishes.
Additional Types
Other Powers of Attorney David Borger Drafts
General Power of Attorney
A general power of attorney grants broad financial authority, similar to a durable power of attorney, but it terminates automatically if you become incapacitated. It is appropriate for situations where you need temporary authority granted to someone, such as during an extended period of travel.
Limited Power of Attorney
A limited power of attorney grants authority for one specific act or transaction. Common uses include authorizing someone to sign documents at a real estate closing on your behalf or handle a single financial matter while you are unavailable.
Living Will (Directive to Physicians)
A living will, also called a directive to physicians, allows you to state your specific medical treatment preferences directly. It tells your doctors what you do and do not want done in specific medical situations, independent of who your medical agent is.
Getting It Right
Why Proper Drafting Matters
Powers of attorney are legal documents with specific formal requirements under Texas law. A financial power of attorney must be signed before a notary public. A medical power of attorney requires either notarization or two qualified adult witnesses. Documents that fail to meet these requirements may be rejected by banks, hospitals, or courts at the worst possible time.
Even more than the formalities, the language in the document matters. Certain powers, including the ability to make gifts, change beneficiary designations, or modify trusts on your behalf, must be explicitly granted or your agent will not have them. David Borger drafts these documents with the detail and care that Texas law requires, so they hold up when it counts.
SPEAK WITH A TEXAS POWER OF ATTORNEY ATTORNEY
WHY PLAN AHEAD
Prepare Before an Emergency Happens
A power of attorney only works when it has been properly prepared before it is needed. Creating these documents now gives your family clear legal authority to act if an unexpected illness, injury, or incapacity prevents you from making decisions yourself.
- Protect Your Finances
Allow someone you trust to manage financial matters when you cannot. - Protect Your Healthcare Decisions
Give a trusted person the authority to make medical decisions based on your wishes. - Avoid Court Proceedings
Proper planning can help your family avoid the expense and delay of a court appointed guardianship. - Protect Financial Decisions
Allow someone you trust to manage your finances if you become unable to do so. - Protect Medical Decisions
Give your chosen agent the authority to make healthcare decisions based-on your wishes. - Reduce Future Legal Problems
Proper planning may help your family avoid a costly and time-consuming guardianship proceeding.
Experience
David Borger
Texas Estate Planning Attorney
For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
Powers of attorney are often misunderstood. Here are plain answers to what David Borger hears most often.
Does my spouse automatically have authority to handle my finances or medical decisions?
No. In Texas, spouses do not automatically have legal authority to act for one another in financial or medical matters. Without properly executed powers of attorney, a spouse may be legally unable to access accounts, sign documents, or make critical decisions during a crisis.
What is the difference between a durable and a non-durable power of attorney?
A durable power of attorney remains in effect if you become incapacitated. A non-durable power of attorney ends automatically upon incapacity. For estate planning purposes, a durable power of attorney is almost always what you need.
Can I limit what my agent is allowed to do?
Yes. A power of attorney can be drafted to grant broad authority or limited to specific acts. David Borger works with each client to define the scope of authority that fits their situation and their level of trust in their chosen agent.
What if I want to revoke a power of attorney?
As long as you are mentally competent, you can revoke a power of attorney at any time. The revocation should be in writing and communicated to your agent and to any institutions that have a copy of the original document.
Does a power of attorney work after I die?
No. All powers of attorney end at death. Once you pass away, the authority transfers to your executor under your will. If you do not have a will, the probate court appoints someone to administer your estate.
Speak With a Texas Estate Planning Attorney Today
If you need a financial or medical power of attorney, or want to update your estate planning documents, speak with David Borger before an emergency leaves your family without legal authority to act.
