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Power of Attorney

Powers of Attorney are legal instruments that are commonly used in estate planning. These documents allow you to designate a trusted person to act on your behalf over certain affairs. Under the law in Texas and Oklahoma, the definition of a Power of Attorney (POA) is “a writing or other record that grants authority to an agent to act in the place of the principal.” Powers of Attorney can be used in various ways for various purposes.

If you need a Power of Attorney as part of your estate plan or to handle some other situation where you will be unable to make decisions or act on your own behalf, you can turn to David W. Smith II PLLC. David has been creating these documents and comprehensive estate plans for his clients in the greater Oklahoma City and Dallas areas since 2008. He brings extensive legal experience and competence to any matter where you may need these types of legal tools to carry out specific tasks.

Powers of Attorney in Texas are created according to the Uniform Power of Attorney Act (UPAA) which provides a standard POA form. The UPAA applies to all POAs with the exception of healthcare.

POAs can be used in many different kinds of situations, such as in the following examples:

  • When traveling outside the U.S., you can name someone to carry out your financial affairs while you are away
  • Should you have property/assets in another state, you can name someone there to manage them on your behalf
  • In exceedingly complicated transactions, you can name a professional, such as an accountant or attorney, to manage the transaction on your behalf

A common POA in Texasis a Durable Power of Attorney. These POAs remain in effect should you become incapacitated and are often created as part of an estate plan to cover this contingency.

POAs can be designed to handle financial affairs, business matters, or other specific transactions or matters that you assign to your “agent.”

Healthcare decision-making authority cannot be granted to someone through a POA. However, you can create an advance directive that will outline your wishes regarding end-of-life medical interventions as well as appoint a trusted person to act as your healthcare proxy. Your healthcare proxy can make healthcare decisions on your behalf and communicate your wishes when you are unable to do so.

Reach Out to David Smith

If you need a POA, whether as part of an estate plan or for some other purpose, discuss your legal needs with attorney David Smith in a free 30-minute phone consultation. Contact David online or by phone at 469-460-8980.