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Power of Attorney

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Power of Attorney

There comes a point in almost every person’s life when estate planning becomes an important area of concern. For many, this time comes sooner than expected, leaving a short window of time to make sure that all of their affairs are in order should they become incapacitated or deceased.

When planning your estate, one important document you should be familiar with is called a power of attorney. This document (and its many variations) is used to protect your medical, financial, and other interests in the event that you are not able to make decisions on your own due to illness, mental capacity, or death.

If you’re feeling overwhelmed with the idea of planning your estate, you’re not alone. Filing a power of attorney requires that you understand stressful and complex scenarios, as well as the legal restrictions they come with. Fortunately, if you’re looking for a “power of attorney lawyer near me,” Hunter Sargent, PLLC can provide compassionate and experienced estate planning as well as general advice for those who need help getting started. Give us a call at (940) 594-7754 or email us at [email protected].

Understanding Power of Attorney

There are many types of powers of attorney that serve a variety of needs for the people who create them. Below are the most common types that our power of attorney lawyer creates on behalf of our clients in Texas.


A general power of attorney typically grants broad decision-making authority to an appointed agent, allowing them to act on behalf of the principal in various matters. This type of power of attorney is comprehensive, covering financial, legal, and personal affairs.

The agent, also known as the attorney-in-fact, has the authority to make decisions such as managing finances, signing documents, and handling business transactions. It is a valuable tool for situations where the principal needs assistance with various aspects of their affairs, especially when they are unable to handle them personally.


A limited power of attorney, in contrast to a general one, grants the agent specific and restricted powers for a defined purpose or period. This type allows the principal to tailor the authority granted to the agent based on particular needs.

For example, a limited power of attorney might be created to authorize someone to handle a real estate transaction, sign documents on behalf of the principal, or make decisions related to a specific event.

Once the specified task or time frame is completed, the limited power of attorney becomes void, providing a more focused and controlled approach to the delegation of decision-making authority.


A durable power of attorney is a specific type of POA that remains effective even if the principal becomes mentally or physically incapacitated. Unlike a general power of attorney, which may terminate in such situations, a durable power of attorney persists, ensuring continuity of decision-making.

This type is particularly useful in long-term planning, allowing the appointed agent to continue managing the principal’s affairs during periods of incapacity. It is crucial to explicitly state the durability of the power of attorney document to ensure that the agent’s authority endures despite the principal’s incapacity.


A springing power of attorney is a POA that becomes effective only under certain conditions, typically when the principal becomes incapacitated or unable to make decisions.

Unlike a general power of attorney, which is effective upon signing, a springing power of attorney “springs” into action when a triggering event occurs. This triggering event is specified in the document and is often tied to the mental or physical incapacity of the principal.

The intention is to ensure that the agent’s authority is activated only when needed, allowing the principal to maintain control over their affairs during periods of competence. Springing powers of attorney are commonly used in situations where individuals want to plan for potential future incapacity while retaining autonomy over their affairs until such a situation arises.


A financial power of attorney is a specialized type of POA that focuses specifically on granting authority related to financial matters. This can include managing bank accounts, handling investments, paying bills, and conducting other financial transactions on behalf of the principal.

Individuals may choose to create a financial power of attorney to ensure that their financial affairs are appropriately managed, especially in situations where they may be unavailable or unable to handle these matters personally.


A medical power of attorney, also known as a healthcare power of attorney or healthcare proxy, empowers an appointed agent to make medical decisions on behalf of the principal in the event they are unable to do so.

This type of power of attorney is crucial for situations where the principal faces a medical crisis or is otherwise unable to communicate their healthcare preferences. The agent can make decisions about medical treatments, surgeries, and other healthcare-related matters based on the principal’s expressed wishes or, if unknown, in their best interests.

Creating a medical power of attorney is an essential component of healthcare planning, ensuring that someone trusted can advocate for the principal’s medical needs.

Close-up of a calculator on top of financial documents, representing wage calculations and employer record-keeping requirements.

Many people think that estate planning is primarily for wealthy or older people, but they may be surprised at the diversity of people who are simply looking to protect their financial matters and personal or medical decisions.

Power of attorney lawyers help these individuals by explaining the nuances of estate law, taking on the complexities of estate planning, and creating a POA that serves their specific needs.

If you’re considering creating a power of attorney in Texas, Hunter Sargent, PLLC can provide you with a peace of mind, leaving you confident that your financial matters and other decisions are taken care of. Call our firm at (940) 594-7754 or email us at [email protected] for a consultation, and we’ll get to work drafting your power of attorney today.

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The best time to plan your legacy was 10 years ago. The next best time is today. Everyone needs estate planning – the good news is it’s never too early and if you’re reading this, it’s not too late.

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    While this website provides general information, it does not constitute legal advice. Any communication with Hunter Sargent, PLLC via e-mail or through this website does not constitute or create an attorney-client relationship and is not privileged or confidential.