The dangers of a poorly crafted power of attorney

Having a power of attorney in Texas is critical to ensuring respect for your wishes. Yet, this essential legal document often doesn’t provide enough information to carry out its aim. The below information outlines some key complications to a power of attorney and how to avoid them.

Too much power in the hands of another

A power of attorney, by definition, is a legal document designed to allow the person you choose, known as your agent, to act on your behalf. However, one of the many power of attorney issues and pitfalls is allowing your agent too much power without vital directives.

Drafting clear guidelines about what you want to occur if you can’t take care of yourself is crucial. This process helps prioritize your needs. It can also help alleviate your agent’s stress about carrying out their duties.

Unintended agents

Selecting someone as your agent is a substantial task. A primary requirement for the agent is to be willing and able to act in your best interests. However, the information contained within them is sometimes outdated because they are often written years, sometimes decades in advance. Named agents may pass away or be unable or unwilling to take on the responsibility when you need them most.

Naming an alternate agent prevents a court from deciding for you. Having a list of a few people in your life who will be ready and willing to take on the role is key. Once you have gathered these names, you must list them in order of preference.

Designating a power of attorney is necessary in your estate and health planning process if you want to ensure your wishes are respected. Just make sure whoever you choose to be your agent is someone you can trust with your life since they will be making decisions when you are most vulnerable.