Legal Question in Wills and Trusts in Texas

If you live in Texas, is it a law that the person you grant durable power of attorney to has to live in Texas?


Asked on 4/26/11, 4:41 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

No, although you might want to seriously consider the residence of the agent for practical reasons. An agent under a durable power of attorney is generally authorized to act just as the principal could. The agent is accountable and must act in the best interests of the principal. Technically, the agent could reside anywhere. However, if the principal is authorizing them to engage in specific acts, it makes far more practical sense for the agent to be physically closer to the principal to enable them to act quickly and efficiently.

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Answered on 4/27/11, 12:57 pm


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