Legal Question in Wills and Trusts in Texas

Re: Power of Attorney rights

Read the "power of attorney" document carefully, and make sure your lawyer explains it to you, but generally, most powers of attorney do not mean that you give up any rights. Some powers of attorney do not take effect until you become incompetent, some take effect immediately, but you can always revoke the power later. The power of attorney has no power once you die, therefore, it does not affect your will, except to the extent that the property is disposed of prior to your death. A power of attorney is a wonderful way to avoid a guardianship, and is much to be preferred than a guardianship for many reasons. You want to be sure that the person you give power of attorney to is someone you trust because they will have the power to do whatever you could do with your property. In other words, once you die, the person with power of attorney cannot change your will, but during your lifetime, that person could give away your property. However, the agent is legally bound to act in your best interests and as you instruct. If you ever revoke the power, you must notify all third parties where the agent conducted your business that the power of attorney is no longer valid.