What happens next
- Decide which tasks someone needs to handle. Managing a checking account, running a business and signing a real estate document raise different questions.
- Select a trustworthy agent and alternate, decide on immediate or delayed authority, and review any power to give gifts or change beneficiaries. Those choices deserve individual attention.
- Arrange signing and acknowledgment, then discuss use with the institutions involved. The agent should keep transaction records and know where the original is located.
Timing and deadlines
You must have the necessary capacity when granting the power. If you want authority to begin upon incapacity, discuss precisely who must document the triggering event. A bank or title company may also need time to review the document.
Costs and payment
Ask whether the quote includes customized limits, notarization, institution follow-up and any real estate recording. Ask separately about fees for replacing an outdated power or responding to a disputed transaction.
How to prepare
- Bring prior powers, the proposed agent’s full name and contact information, and examples of transactions you want to allow or restrict.
- If a lender or title company requested the document, bring its written request and the closing date.
Questions and answers
Can my agent keep handling bills after my death?
The principal’s death terminates the durable power. Once the agent knows of the death, the agent should stop using it. The person handling the estate should establish their authority through the applicable estate process.
Can I give authority over one property transaction only?
Discuss a transaction-specific power identifying the property, the permitted acts and an end date. Share the title company’s written requirements with the attorney before the signing appointment.
Does a financial power let someone consent to surgery for me?
Medical decisions require separate authority. Bring your medical power and financial power to the same appointment if you want the documents coordinated.
My bank asked for an additional certification. What should I do?
Ask the bank to identify the document and reason in writing. Record when the power was presented and provide counsel with the bank’s request, the complete signed power and any scheduled transaction date. Texas law permits certain requests and specifies when refusal is allowed.
What records should I keep when acting for my parent?
Keep a transaction ledger, bank statements, receipts and a short explanation of the purpose of each payment. An agent has duties to account for actions taken under the power. Separating your own expenses makes that record easier to explain.
My chosen agent moved away. Can I designate a different person?
Bring the current instrument and identify who already has a copy. Discuss revocation, a replacement and notices to the old agent and institutions. Review any scheduled transactions so two different people do not attempt to act at the same time.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.