Manage Your Affairs Confidently with a Trusted POA Lawyer in San Antonio, TX

Protecting your future with clear, customized power of attorney solutions.

Planning for the future isn’t always easy. No one likes to think about the possibility of becoming incapacitated or unable to make financial or medical decisions. Fortunately, the state of Texas allows you to take control now through legal documents that ensure your wishes are honored, even if you can’t act on them yourself.

With comprehensive power of attorney services, you can appoint someone you trust to manage critical matters on your behalf. A durable power of attorney lets your agent handle financial affairs, while a medical power of attorney ensures your healthcare decisions are carried out if you’re unable to communicate them.

If you’re in San Antonio, TX, or nearby areas like Boerne or New Braunfels, consult a trusted POA lawyer like James P. Peterson. He can guide you in setting up the right powers of attorney to protect you and your loved ones when the unexpected happens.

Powers of Attorney in Texas

A power of attorney legally bestows upon another person the right to act on your behalf. This person is known as the agent, while you are known as the principal. The agent you name will generally be someone you trust, often a family member. The agent does not have to be an attorney. You may name an alternate agent.

In general, there are five types of powers of attorney in Texas:

General Power of Attorney: This gives the agent broad authority to act on your behalf, but should you become incapacitated in any way, that authority ends.
Limited or Special Power of Attorney: The principal grants the agent authority over a specific matter for a limited period of time.
Springing Power of Attorney: This grants the agent authority only when the principal becomes disabled or incapacitated, or when certain conditions are met.
Durable Power of Attorney: This is a general power of attorney that does not expire upon incapacitation. This allows another person to act on your behalf to pay bills and manage your accounts and assets.
Medical Power of Attorney: This allows your agent to make medical decisions when you are incapacitated and can no longer make medical decisions for yourself.

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To execute a power of attorney, the principal must be at least 18 years of age and of sound mind. The document must also be notarized at the time of its signing. To make a power of attorney durable, the document must contain this sentence: “This power of attorney is not affected by subsequent disability or incapacity of the principal.”

Any type of power of attorney can be revoked by the principal, even a durable power of attorney. If a spouse is named as the agent and the couple divorces or the marriage is annulled or declared void, the agent’s authority terminates. A court order to appoint a guardian for the incapacitated principal will also terminate the agent’s authority.

Reasons to Authorize a Durable Power of Attorney

A general durable power of attorney is a forward-looking tool to have someone in place who can handle your assets and finances should you become incapable of doing so. Remember, they have a fiduciary duty to care for your finances according to your wishes. Still, you should always pick someone you trust completely.

A medical power of attorney grants your agent the authority to enforce your healthcare decisions if you’re incapacitated. This document makes your preferences clear in advance—covering where you wish to receive care, which physicians you prefer, what treatments you accept or decline, organ donation choices, and even funeral arrangements. It also empowers your agent to uphold these wishes in court if necessary. A knowledgeable POA attorney can guide you through these critical decisions and ensure compliance with Texas law.

The Texas Health and Safety Code Section 166.151 through 166.166 covers health care powers of attorney. Section 166.152(c) clearly states: “…treatment may not be given or withheld from the principal of the principal objects regardless…”

The Absence of a Power of Attorney

If you become incapacitated without a power of attorney in place, your family may be forced to pursue guardianship to manage your affairs. This process is costly, time-consuming, and can create unnecessary stress and conflict among loved ones. Avoiding guardianship is one of the key reasons to work with a trusted POA lawyer who can help you establish clear legal authority in advance.

Without proper planning, incapacity can leave your family scrambling to make decisions on your behalf. A power of attorney ensures that your finances, healthcare, and personal matters are handled according to your wishes. These legal instruments are essential to protect yourself, your estate, and your loved ones when you’re unable to act. While no one wants to imagine such a situation, working with a POA lawyer to plan for the unexpected is a critical step toward ensuring security and confidence for you and your loved ones.

Powers of Attorney Lawyer Serving San Antonio, TX

James P. Peterson, Attorney at Law, handles all issues relating to estate planning, including powers of attorney. Attorney James Peterson offers free consultations for individuals in or around the areas of San Antonio, Boerne, or New Braunfels, Texas. Reach out to the firm today to schedule a free consultation to discuss your needs should any unexpected life events occur.