QUESTION
When someone says they have Power Of Attorney, should they have a document with the signature of the person they are making the decision for?
Asked on Sep 10th, 2012 on Estate Planning - Texas
More details to this question:
Is a document required when a 3rd party claims? They have Power of Attorney signed by the individual they are going to make financial & medical decisions for in the event that person is unable to make decisions for him or herself self? And once that person is deceased, does the POA become invalid? Does the POA required a notary and or witness present while the document is being signed & notarized?
2 ANSWERS
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A power of attorney is a delegation or sharing of rights by a living person and is invalid after the death of the principle. An agent acting under power of attorney should have the document, though in Texas a copy of the document has the same force and effect as the original. Also in Texas, a medical power of attorney and a statutory durable power of attorney are generally 2 separate documents governing medical and financial matters, respectively. The statutory form for power of attorney in Texas requires the principle sign before a notary.
Answered on Sep 18th, 2012 at 3:57 PM
2 Awards
The POA dies with the power grantor. The document needs to be signed by the power grantor and notarized. A witness is not necessary.
Answered on Sep 13th, 2012 at 11:50 AM