What to Consider When You Choose a Power of Attorney in Texas

 Posted on March 04, 2024 in Estate Planning and Probate

Selecting someone to act as your power of attorney (POA) is an important legal decision. If you become incapacitated, your POA agent will have the authority to handle financial, healthcare, and other personal matters. When choosing a POA, you should think carefully about who they feel most comfortable empowering to make potentially life-altering choices someday. A Texas lawyer can help you with key factors to weigh as you name your POA and how to fill out the paperwork correctly.

Consider Character and Judgment

Your POA agent needs to be someone with integrity whom you wholeheartedly trust to manage duties capably and make choices aligned with your wishes. Analyze whether potential candidates exhibit good judgment consistently. Reflect on how they handle their own responsibilities and if you esteem their decision-making process. Choose someone likely to carry out the role justly and faithfully because you rely heavily on their character.

Assess Financial Responsibility

If you want your POA to cover any financial matters, assess if candidates are fiscally responsible in their own lives. Review how they manage their money, debt, investments, and major purchases or sales. Responsible handling of one’s own finances indicates an ability to oversee yours carefully. Should you have reservations about how someone directs their monetary affairs, you may want to designate another person as your financial POA.

Consider Proximity and Availability

In the event you become incapacitated, your POA agent may need to conduct business, meet essential professionals, and coordinate care plans on your behalf in person. Select someone who could realistically manage such responsibilities and respond to important matters arising for you locally on short notice. Consider geographical proximity and time availability of potential POAs. A POA living far away or frequently unavailable may not be ideal.

Discuss Expectations Thoroughly

Before officially naming someone as your POA, thoroughly discuss expectations regarding the types of future healthcare choices, lifestyle changes, or end-of-life wishes you would want them to uphold for you. Confirm you share similar values and views on significant quality of life factors. Make your priorities clear so they understand and can carry out POA duties per your desired approach. Open communication upfront helps empower your POA to act confidently on your behalf later.

Name Successor Agents

As a contingency plan, include naming at least one successor POA in your legal documents. If your original POA dies, becomes incapacitated, resigns, or proves unsatisfactory, successors are then empowered per your provisions. Adding this backup layer protects your interests if the initial POA cannot serve at any time.

Contact a Wilson County, TX Estate Planning Attorney

Choosing someone to speak and make difficult decisions for you when you no longer can is deeply personal. With mindful reflection and legal guidance from a Bexar County, TX estate planning lawyer, select a power of attorney whom you trust fully and who understands what matters most if they need to act on your behalf someday. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation.