Texas Department of Aging and Disability Services

Legal

Durable power of attorney

A durable power of attorney is a written document that gives one or more persons the authority to make personal and financial decisions for another person when they cannot act on their own behalf due to absence or incapacity. The person so designated is commonly referred to as the "agent" or "attorney-in-fact." With a power of attorney, the person chooses who will act on their behalf and defines their authority and its limits, if any. A durable power of attorney , which may give temporary or continuous authority, can be limited to a particular activity (e.g., closing on the sale of a home on a day when the person is out of town), whereas a general durable power of attorney is comprehensive and gives the appointed person all the powers and rights to act in a variety of situations. Once signed, a durable power of attorney remains valid until the maker dies or revokes the document. The advice of an attorney should be sought in preparing a durable power of attorney.

Legal home


Updated: November 2, 2007