It is easy to assume you will be able to make decisions about your life and property because you do it every day in the context of your family, business, and home. Emergencies such as incapacitation, however, can leave you unable to make the decisions you normally would.
A Dominion power of attorney lawyer from Begum Peláez-Prada, PLLC, led by managing partner Sasha Begum, could help you appoint someone to act on your behalf in such a situation. By creating a power of attorney with help from a knowledgeable estate planning lawyer before anything happens, you can rest easy knowing that there will be no confusion over who can decide what.
A power of attorney legally transfers the ability to make decisions on your behalf to an agent. Depending on your wishes, your agent can manage property and finances, sign legal documents, and otherwise care for you if you cannot do so yourself.
Your agent is your fiduciary, meaning they owe you the legal duty to put your interests first. State law provides a statutory power of attorney in a specific form that gives your agent broad power to manage your affairs under Texas Estates Code Chapter 752. However, you can also customize a statutory power of attorney to suit your needs under that section.
You can also create your own power of attorney with the help of a Dominion power of attorney lawyer as long as it meets the requirements of Texas Estates Code Chapter 751, including being signed by you and clearly defining the power’s scope. For example, you would need the document to state that it either begins or endures through “disability or incapacity” for your agent to have the desired legal ability in an emergency.
A power of attorney is only one part of the larger estate planning process, as the applicability of a power of attorney in an emergency could affect how your affairs are managed after death. You could appoint someone to manage your assets alongside the executor of your will. For example, a power of attorney can ensure your assets are preserved until after death.
A legal professional familiar with powers of attorney in Dominion and estate planning can evaluate your circumstances and craft a plan that makes sense for you and your family. By considering your whole financial picture, business, and family, your lawyer can provide valuable insight and handle the official documentation to create a power of attorney and accompanying forms.
Your attorney can also help you choose a trustworthy agent to receive a power of attorney, whether a member of your own family or a trusted associate, and make sure that they will act in your best interests. With the aid of a lawyer, you can also modify a power of attorney to have your agent specifically manage one area of your affairs or another, depending on your wishes.
In an emergency, the stress of the situation can take its toll on you and your family. With a power of attorney, you can eliminate some of that stress coming from uncertainty because your agent can manage your affairs in your stead.
At Begum Peláez-Prada, PLLC, a Dominion power of attorney lawyer can work with you and plan for various possibilities. Contact our office to learn more about using a power of attorney to protect you and your assets.
