How long a Texas power of attorney lasts depends on several factors:
First, what does the actual power of attorney say? If the document specifies a time period, then the agent’s power will automatically expire when that period is over.
Does the power of attorney indicate that it is “durable”? A power of attorney is durable when it says that it will survive even if the granting party becomes incapacitated. If a power of attorney is not durable, then it will automatically become ineffective when the granting party is declared incapacitated. If you have a power of attorney document that does not specify a time period and is durable, it can still become ineffective in at least three situations: 1) the granting party dies; 2) the granting party becomes a ward in a guardianship proceeding; or 3) the granting party revokes the power of attorney.
A power of attorney becomes ineffective upon death, automatically. If you have been named someone’s power of attorney, and that person has passed away, then you need to look into probate or other alternatives to probate. Even a durable power of attorney loses its’ power upon death.
The power of attorney, even if made durable, also becomes ineffective if the granting party loses his/her rights in a guardianship proceeding. If the probate court decides the granting party should have a guardian, the power of attorney becomes powerless.
Lastly, the granting party may always revoke a power of attorney after it’s been signed. The only caveat is that revocation must comply with the requirements of the power of attorney document. That is, if the document says that revocation must be in writing, then a verbal revocation would be ineffective to revoke the document.
Shutt Law Firm provides assistance with your Texas power of attorney, durable power of attorney, guardianship, and other important legal documents in Dallas (or Richardson, Plano, McKinney, or surrounding vicinity). Consider contacting Richardson lawyer Isaac Shutt for a FREE LEGAL CONSULTATION.
Visit www.ShuttLawFirm.com for more information on Wills, how to avoid probate, Texas trusts, estate planning, probate, alternatives to probate, and guardianship–or email firstname.lastname@example.org. You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this blog or to discuss a different legal matter. Phone-calls and quick e-mails are always free at Shutt Law Firm PLLC. Please consider the Shutt Law Firm if you’re looking for a Richardson lawyer for probate, Richardson wills lawyer, estate planning attorney in Richardson, power of attorney in Richarson, or guardianship attorney in Richardson area. Shut Law Firm assists legal clients in Dallas, TX, Garland, TX, Richardson, TX, Plano, TX, McKinney, TX, Addison, TX, Carrollton, TX, and the surrounding area.