Power of Attorney

By definition, a power of attorney (POA) is a document in which you name (appoint) an organization or individual, referred to as the “agent”. In that role, the agent would manage your financial, medical, and legal affairs if you were unable to do so.

There are different types of POA, each with varying levels of control. To protect yourself should you ever become incapacitated, Dan Claiborne has the experience and expertise required to execute the appropriate power of attorney.

Different Types of Power of Attorney
  • General POA – For this POA, the agent is granted a broad range of powers to act on your behalf. These include handling business and financial transactions, making gifts, operating business interests, hiring professional help, settling claims, and purchasing life insurance. Often, this type of POA is included in an estate plan so if you were to become mentally or physically incapacitated, or be out-of-the-country for an extended period, you have protection.
  • Medical POA – This POA allows you to grant authority to an agent who would make healthcare/medical decisions if you were unable to do so because of mental incompetence or unconsciousness. Although a healthcare POA is different from a living will, you may be able to include your wishes pertaining to life-prolonging or life-saving measures.
  • Special POA – With this POA, you dictate what powers the agent can exercise. This covers things like debt collection, managing real estate, handling business transactions, and selling personal/real property. Typically, this POA is used when dealing with health issues or having other commitments.
  • Durable POA – To ensure there are no problems with an existing power of attorney should you become mentally incompetent due to an accident or illness, a durable POA includes a durability provision whereby the current POA remains in effect. This POA is also used in preparation of becoming mentally incompetent due to an accident or injury. It can be specified that POA will not go into effect until a doctor that you name certifies you as being mentally incompetent.

Let's get your Power of Attorney established

Contact Me

Important Decision-Making

With a power of attorney, you have several major decisions to make. You want to be certain that you name the right agent, someone who will respect all of your wishes, make decisions that are in your best interest, and never abuse the powers of a POA. The biggest factor in choosing the right agent is trust. For that reason, an agent is often a close family member, friend, organization, or even an attorney.

As part of the agent’s role, extremely accurate records must be maintained. The agent is also required to provide you with periodic updates. If for any reason you are unable to review the updates, a named third-party would step in. As an agent, there are legal responsibilities relating to proper conduct.

Hiring A Lawyer for a Power of Attorney in Carrollton, Texas

Hiring an attorney is not mandated to execute a power of attorney. However, with different types, varying levels of controls, and other critical factors, you should at minimum consult with an attorney. Dan Claiborne in Dallas County Texas will be happy to answer your questions, provide guidance, or serve as legal counsel for a power of attorney. For more information, you can contact Dan by phone, email, or through the law firm’s website.