A power of attorney lets you give someone else the authority to make financial or medical decisions on your behalf. If you plan to create one, you might expect it to remain in effect until you no longer need it. Texas law does not treat every power of attorney that way.
Some powers of attorney stay in effect until a specific event occurs, while others end on a date written into the document. Before you sign one, it helps to know what can bring it to an end so you have a clearer picture of how long it can remain effective.
When does a power of attorney end?
The length of your power of attorney will depend on both Texas law and the language in the document. It can end when any of the following occurs:
- Death of the principal, because a power of attorney automatically ends at death
- Revocation by the principal while they still have legal capacity
- Reaching the expiration date stated in the document
- Completion of the purpose of a limited power of attorney, such as finishing a real estate transaction
- A court’s determination that the document is no longer valid
- An agent becoming unable to serve when no successor agent is available
If your power of attorney ends, the person you chose can no longer make decisions under that document. Any future authority would need to come from another valid legal arrangement, if one is available.
Does a durable power of attorney expire?
If you are creating a durable power of attorney, it is easy to assume the word “durable” means it lasts forever. In Texas, it means something different.
A durable power of attorney remains effective if you become incapacitated. It can still end because of death, revocation, an expiration date, or a court order.
Know the limits of your power of attorney
Learning that a power of attorney does not last forever gives you a better understanding of what the document is designed to do. It can give someone the authority to act on your behalf, but only within the limits set by Texas law and the document itself.
As you consider your estate plan, that distinction can provide a clearer picture of where a power of attorney fits. It serves a specific purpose for a defined period of legal authority and works alongside other estate planning documents rather than replacing them.
