Legal Question in Wills and Trusts in Texas

Re: General Power of Attorney

The general power of attorney allows you to conduct business on behalf of the power grantor. The power may be limited in the document itself (and you can't use it to write a will.) Although not a legal requirement, some businesses (title companies, banks, etc) will require you to file this in the county of record. Finally, the power dies with the grantor.

Re: General Power of Attorney

QUESTION: Does this Power of Attorney have to be filed at the local County Courthouse where the buisness matters are being conducted?

ANSWER: As a general rule "No." However, if real property is conveyed under the power of attorney, a title company will require it to be recorded in order to connect up the chain of title. Therefore, the power of attorney should be notarized (jurat or acknowledgment) before the clerk will be allowed to record it.

QUESTION: If the person granting the General Power of Attorney "Passes On" does the Power of Attorney contine?

ANSWER: No, the power of attorney "Passes On" also.

Re: General Power of Attorney

A general POA usually allows the attorney in fact to conduct all business, unless so limited in the POA. Recall, though, that the AIF is under a fiduciary duty to the maker of the POA, and that is the highest standard of rectitude and fair dealing.