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DURABLE FINANCIAL POWER OF
ATTORNEY
This
durable power of attorney may be a general or
limited power of attorney. For
example, you may
empower
your agent to do any act which you could do yourself (general power of
attorney) or limit your agent's authority to a specific transaction
(limited power of attorney). Options in this form include appointing an
agent to dispose of your property, collect your debts, endorse your
checks, execute government vouchers, deposit money or other property,
borrow money, acquire property, recover possession of property, institute
or defend lawsuits, prepare and file tax returns, transfer title to
automobiles and perform any act which you may do yourself.
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ADDITIONAL INFORMATION ABOUT THIS POWER OF ATTORNEY |
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General Power of Attorney
After you print out your document, a space is provided for your initials
beside each power you want to grant your agent. If this is to be a general
power of attorney, you may initial beside the option granting all powers
to your agent. If your agent is authorized to sell real estate, you should
specify and include the legal description of the property. If you are
granting a general power of attorney over your finances your agent must
act in your best interest and failure to do so may result in criminal
charges or civil liability.
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Limited Power of Attorney
If this is to be a limited power of attorney then you must
specify this limitation while filling out the information form. For
example, if you only want your agent to sell your automobile you should so
specify and identify the automobile your agent is authorized to sell.
If your agent is only authorized to sell real estate, you should specify
and include the legal description of the property. If your agent is
only authorized to sell for a specific price you must indicate this while
filling out the information form. You must list in
this power of attorney the acts you want your agent to perform.
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Operative Date
This power of attorney becomes
effective immediately unless you instruct otherwise. It will
continue indefinitely unless you establish a shorter time or revoke it.
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Alternate Agents
You may, but are not required,
appoint two alternate agents in the event your agent is unable or
unwilling to make financial decisions for you.
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Revocation of Power of
Attorney
Unless your power of attorney expires by its terms, you have a right to
revoke your power of attorney at any time by oral or written notice to
your agent. Notice of the revocation should be given to anyone who has
knowledge of the agency that may be adversely affected.
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Executing and Delivering Your Power of Attorney
After you have printed your
power of attorney you must gather two witnesses over fourteen (14) and
appear before a notary public for signing. Neither witness may be
the agent designated in the power of attorney. You should provide the
original to your agent and retain a copy for your files.
This document is approximately three pages in
length. |
SOURCE:
Texas Probate Code, Title 1, Chapter XII, § 481: Durable Power of
Attorney Act |