Durable Power of Attorney

A Durable Power of Attorney is a legal document that lets individuals appoint a person they trust to take control of their finances in the event they are unable to manage their assets themselves. These are the situations in which DPOA may be needed:

  • You become disabled or incapacitated
  • You become legally incompetent
  • You wish for an agent to take control of your financial affairs now, as well as, if you happen to become incapacitated or legally incompetent

How long does a Power of Attorney Last?

Section 751.00201 of the Texas Estates Code explains that for the purposes of durable power of attorney, an individual (or principal) is considered “incapacitated” in the event that a doctor’s examination concludes that they are no longer able to manage their own finances. A durable power of attorney lasts until any of the following events take place: 

  • The principal dies
  • The principal revokes durable power of attorney for any reason
  • The conditions of termination in the durable power of attorney have been fulfilled, should any be specified
  • Authority has been terminated under Texas Estates Code 751.132, and a power of attorney does not specify or provide for a replacement
  • The principal has a guardian appointed

When it comes to Durable Power of Attorney, it is important that all of the relevant forms and applications be made correctly. If they are not, there is a significant risk that your intentions will not be carried out or your best interests looked after. 

If you or a loved one is in need of a Durable Power of Attorney, it’s important to retain a qualified attorney to assist in these matters. The Barrera Law Firm is participating in telephonic free consultations and select in-person interviews.


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