Legal Question in Wills and Trusts in Texas
extend POA
My father filed a General Power of
Attorney, attorney-in-fact
(with other forms including a Medical
POA, which I am also
listed) on October 13, 2006.
Unfortunately, it is stated ''only
for two years''. SInce then he has
not filed another. In
January, he became incapacitated. Is
there any way that I
can get the POA reinstated?
2 Answers from Attorneys
Re: extend POA
No, you cannot 'renew' an expired POA if the power grantor is incapacitated. You either have to wait until he is lucid again to have him execute a new POA, or have a guardianship action in probate court.
Re: extend POA
It is hard to tell without reading the documents. However from what you have said it looks like the POA terminates on October 16, 2008. However, if your dad is still incapacitated, you could obtain a guardianship to handle his affairs.
You will need a lawyer for this.
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