Below are questions many people have about Power of Attorney documents in Texas. If you have any additional questions or need more information, please call me today at 682-234-2006 or email me to schedule your free initial consultation.

I heard that I have to record my Financial Power of Attorney for it to be valid, is that true?

Not unless you will be using that Power of Attorney in real property transactions. For example, if you have property in Tarrant County, and the Power of Attorney will be used to sell your house, then the Power of Attorney should be recorded with the County Clerk of Tarrant County, because that is the county where the property is located.

My son was my financial power of attorney but he moved to another state. How do I change my Power of Attorney to make my daughter my agent?

I can assist you by revoking your current Power of Attorney and providing notice of revocation to all of the institutions that have been relying on it. If the current Power of Attorney is recorded with the county clerk of Tarrant County, the revocation should be recorded as well. Then, I will draft a new Power of Attorney by which you can designate your daughter as your agent.

Can I make financial decisions for myself after I have executed a Financial Power of Attorney?

Yes, you have the right to make decisions for yourself as long as you are able to do so.

What is an “Attorney in Fact”?

 An Attorney in Fact is a person or agent chosen by the Principal, who accepts the responsibility. He or she is an adult that the principal can trust to do what the principal directs in writing. An Attorney in Fact has nothing to do with a lawyer or an “attorney at law.”

How can I cancel or revoke a Power of Attorney?

Revocation means to recall or cancel a power or authority previously granted. You can revoke a Power of Attorney at any time and for whatever reason you wish. You must do it in writing and give a copy of the revocation form to any interested third party such as a bank or financial institution whom you or your Agent have business. If your power of attorney was recorded with the County Clerk for real estate purposes, the revocation must be recorded with the County Clerk as well. A fee is charged by the County Clerk ’s Office for this service