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Does a general power of attorney in Texas act as a durable power of attorney?

Does a general power of attorney in Texas act as a durable power of attorney?

Full question:

My mother has a general power of attorney in Texas that states ' This general power of attorney shall not terminate on disability of the principal.' Is this general power of attorney thus operating as would a durable power of attorney?

Category: Power of Attorney
Date: 04/07/2025
State: Texas

Answer:

In Texas, a general power of attorney can operate as a durable power of attorney if it includes specific language. According to Texas law, a durable power of attorney remains effective even if the principal becomes incapacitated, as long as it contains phrases like 'This power of attorney is not affected by subsequent disability or incapacity of the principal' or similar wording indicating the principal's intent for the authority to continue despite their disability (Tex. Prob. Code § 482). Therefore, your mother's general power of attorney, which states it shall not terminate on disability, is indeed functioning as a durable power of attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who can override a power of attorney in Texas?

In Texas, a power of attorney can be overridden or revoked by the principal, as long as they are mentally competent. Additionally, a court may intervene if there are concerns about the agent's actions or if the principal is incapacitated and the power of attorney is not durable. If the principal passes away, the power of attorney is automatically revoked. It's important for the principal to communicate any changes clearly to avoid confusion.

What is the difference between power of attorney and durable power of attorney in Texas?

The main difference between a general power of attorney and a durable power of attorney in Texas is that a durable power of attorney remains effective even if the principal becomes incapacitated. A general power of attorney typically terminates if the principal becomes unable to make decisions, unless it includes specific language stating otherwise. This ensures that the agent can continue to act on the principal's behalf during periods of incapacity.