The odds are favorable that you will be either the Principal or the Agent in a power of attorney, or POA, at some point in your life. A POA can be an extremely useful legal tool when drafted and used properly. Unfortunately, people frequently execute a POA without really understanding the power and authority they are bestowing on the Agent. For example, exactly how does an agent use a power of attorney? Furthermore, are there limits to the authority granted to an Agent under a POA? A power of … [Read more...]
How a Power of Attorney Terminates
A power of attorney, or POA, is a commonly used estate planning tool. Before you consider executing a POA, however, you should understand the power one confers as well as the various types of POAs available. In addition, you need to have a firm understanding of the circumstances under which a power of attorney terminates. A POA is a legal document that allows you, referred to as the “Principal”, to appoint an “Agent” who will have the legal authority to act on your behalf. The extent of the … [Read more...]
OOH-DNR Orders in Texas: Part 3 of 3
Similar to estate planning testamentary formalities, you must comply with the statutory formalities required for DNR Orders. You must sign your DNR-OOH Order in front of at least two witnesses. If you are unable to sign the document and authorize someone else to sign it on your behalf, the third-party signing agent must do it in front of at least two witnesses. In some circumstances, you may also be able to sign in front of a notary if you cannot find two witnesses, but the notary may not be … [Read more...]
OOH-DNR Orders in Texas: Part 2 of 3
In the last blog, we discussed why you would want to draft an OOH-DNR or Out-of-Hospital Do-Not-Resuscitate Order as part of your estate planning documents. Now, we will cover what is necessary to create a valid order. First, you must be at least 18 years old to create a valid OOH-DNR Order and be mentally competent, which requires you to be of sound mind when signing and creating the document. At the very least, you should be able to understand that what you are signing and its implications. … [Read more...]
OOH-DNR Orders in Texas: Part 1 of 3
Also known as “Do Not Resuscitate” Orders, DNRs allow you to order doctors or other hospital personnel to withhold treatment in certain situations. Talk to our office about making a DNR Order a part of your estate planning documents. Texas recognizes In-Hospital DNRs and Out-of-Hospital DNRs. Although similar, Out-of-Hospital DNR Orders direct nonhospital staff, including emergency medical personnel. Typically, emergency medical personnel refer to paramedics and hospital emergency room … [Read more...]
College Accidents
Did you know that once your child reaches the age of 18, you no longer have the right to make their health care and financial decisions? You probably do know that, but have you thought about what that means when your children go off to college? Generally, it means that for the first time in their lives, college bound students are entirely responsible for themselves. Sure, parents can still send money, but the students can legally decide how they want to use it. This new responsibility brings … [Read more...]
LGBT Couples Need Powers of Attorney
Most people will reach a point in life where they are no longer able to manage their own financial affairs and make their own health care decisions. By law, your spouse can often step in and make those decisions. But, for members of the LGBT community that is not an option everywhere. Instead LGBT need to have legal documentation if they want their partners to take care of things. A General Durable Power of Attorney is the appropriate document to state who you want to manage your financial … [Read more...]
LGBTQ Couples Need Powers of Attorney
Most people will reach a point in life where they are no longer able to manage their own financial affairs and make their own health care decisions. By law, your spouse can often step in and make those decisions. But, for members of the LGBTQ community that is not an option everywhere. Instead LGBTQ need to have legal documentation if they want their partners to take care of things. A General Durable Power of Attorney is the appropriate document to state who you want to manage your financial … [Read more...]
Does a Power of Attorney Get Paid?
A power of attorney is a legal document that creates a special kind of relationship between you and someone else, called a principal-agent relationship. Through your power of attorney you grant someone—your agent—specific legal authorities to act on your behalf. This person's role can be as limited or as broad as you decide, but you should always carefully consider the issue of payment before you choose to appoint an agent, also known as an attorney-in-fact. There is no legal requirement that … [Read more...]
Estate Planning Basics
Many people find the term “estate plan” somewhat confusing. A very large percentage of the population do not really understand what an estate plan is or what types of documents are included in an estate plan, or may believe that estate planning is only for the wealthy. The truth is that nearly everyone has some type of estate, even if that only consists of a small bank account and an automobile. Whatever you leave behind when you die is considered to be your estate; this also includes your … [Read more...]
