• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Mendel Law Firm, L.P.

Attorneys & Counselors

Call Now: (281) 759-3213

  • FB
  • TW
  • IN
  • RSS
LP Payment button
  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Mission Statement
    • Multimedia
    • Published Books
    • The Academy Fellow Designation
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
      • Are You A Caregiver
      • Coping With Alzheimer’s
      • Guardianship & Conservatorship
      • Hospice Care
      • Emergency Medicaid & Nursing Home Planning
      • Medicaid Planning
      • Veteran’s Benefits
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Seminars
  • Testimonials
    • Client Testimonials
    • Representative Clients
    • Review Us
  • Resources
    • Areas We Serve
      • Baytown
      • Conroe
      • Galveston
      • Houston
      • Pasadena
      • Woodlands
      • West University Place
    • Elder Law Reports
    • Elder Law Resources
      • Galveston Elder Law
      • Houston Elder Law
      • Sugar Land Elder Law
      • West University Place Elder Law
      • Woodlands Elder Law
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top Estate Planning Techniques
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Asset Protection Planning
      • Avoidance Tax Planning
      • Avoiding Probate
      • Business Succession Planning
      • Charitable Gifting
      • Elder Law
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • IRA and Retirement Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trusts
      • Medicaid
      • Medicaid Planning
      • Nursing Home Planning
      • Pet Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Trusts
      • Veterans Benefits
      • Wills
    • LGBTQ Resources
    • Probate Resources
      • Houston Probate
      • Sugarland Probate
      • Woodlands Probate
      • West University Place Probate
    • Probate & Trust Administration Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Special Needs Resources
    • Newsletters
  • Contact Us
  • BLOG
Home » BLOG » Should I Execute a Durable Power of Attorney?

Should I Execute a Durable Power of Attorney?

August 24, 2015 by Stephen A. Mendel, Estate Planning Attorney

You are likely familiar with the concept of a power of attorney. You may even have executed one at some point in your life without giving it much thought. A power of attorney can be a very useful, and flexible, addition to an estate plan; however, it is extremely important that you understand the authority conveyed in one, particularly in a durable power of attorney.

Despite the name, a power of attorney has nothing to do with your attorney. The two people involved in a power of attorney are referred to as the principal and the agent. If you execute a power of attorney you are the principal. The individual to whom you grant authority in a power of attorney is your agent. By executing a power of attorney, you grant your agent the legal authority to act on your behalf. The extent of the power granted depends on the type of power of attorney you execute.

One type of power of attorney is known as a “special” or “limited” power of attorney. As the name implies, this document grants your agent specific authority instead of sweeping authority. If, for instance, you want your sister to have the authority to access your bank account, you could grant her a specific power of attorney for that purpose only. You might also want to give someone the authority to complete the sale of your boat while you are away on vacation by giving them a limited power of attorney.

A general power of attorney, on the other hand, gives your agent virtually unlimited authority to act on your behalf in all types of legal transactions. Granting someone a general power of attorney should only be done after careful thought and consideration given the power you are giving the individual.

The term “durable” when used in conjunction with a power of attorney means that the authority granted in the document will survive your incapacity or disability. Traditionally, the authority granted in a power of attorney is terminated upon the incapacity of the principal. Because this is precisely when many people want the power to be available, the concept of a “durable” power of attorney was born.

In the state of Texas, a power of attorney must include very specific language for the document to be considered a durable power of attorney. You may create a power of attorney that survives your incapacity or one that takes effect upon your incapacity. In addition, you may make either a general or a special power of attorney durable.

Before executing any power of attorney – particularly a durable general power of attorney – be sure to consult with your estate planning attorney to be sure that it is in your best interest to do so.

  • Author
  • Recent Posts
Stephen A. Mendel, Estate Planning Attorney
Stephen A. Mendel, Estate Planning Attorney
Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.
Stephen A. Mendel, Estate Planning Attorney
Latest posts by Stephen A. Mendel, Estate Planning Attorney (see all)
  • Thought of the Day - June 7, 2023
  • Thought of the Day - May 31, 2023
  • Thought of the Day - May 24, 2023

Filed Under: Uncategorized Tagged With: durable power of attorney, Estate Planning

Other Articles You May Find Useful

  • Thought of the Day
  • Thought of the Day
  • Thought of the Day
  • Pet Trusts: How to Ensure Your Pets Are Taken Care Of
  • Thought of the Day
  • Thought of the Day

About Stephen A. Mendel, Estate Planning Attorney

Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.

Primary Sidebar

The Mendel Law Firm

Follow Us

  • FB
  • TW
  • IN
  • RSS

Blog Subscription

Subscribe to our blog to get all of the latest updates from our attorneys.

HOUSTON

The Mendel Law Firm, L.P.
1155 Dairy Ashford, Suite 104
Houston 77079
United States (US)
Phone: (281) 759-3213
Fax: 281-759-3214

Map

map

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Footer

The Mendel Law Firm

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an
attorney-client relationship.

© 2023 Mendel Law Firm, All Rights Reserved. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys