Sign your forms in front of a notary public. In Texas, all power of attorney forms need to be notarized.[10] This can be done by going to the nearest bank branch. The bank will usually notarize forms for free if you have an account with them. If you do not have an account with the bank, they may charge you a small fee for notary services. For instance, Bank of America charges $8.50 to notarize documents. Your lawyer's office also is likely to have a notary on staff.
One relatively new aspect of estate planning is digital assets. Things like email accounts, social media pages, blogs, websites, and media stored in the Cloud all qualify as digital assets, and you’ll need to decide who gets which assets after you pass away. Many of us now use Cloud services to store our family photos and videos instead of traditional photo albums and physical videos, so your family will want to be able to access these cherished memories.
The agent will always want to add after his or her signature that the document is being signed “as agent for” the principal. If the agent signs only his or her own name, the agent may be held personally responsible for whatever was signed. As long as the signature clearly indicates that the document is being signed in a representative capacity and not personally, the agent is protected. Though lengthy, it is, therefore, best to sign as follows:
Sign your forms in front of a notary public. In Texas, all power of attorney forms need to be notarized.[10] This can be done by going to the nearest bank branch. The bank will usually notarize forms for free if you have an account with them. If you do not have an account with the bank, they may charge you a small fee for notary services. For instance, Bank of America charges $8.50 to notarize documents. Your lawyer's office also is likely to have a notary on staff.
The Texas parental guardianship of minor child power of attorney form is used by those who have a minor child and need a relative or close friend to assume parental guardianship rights. The agent selected will have the decision making options of choosing the minor child’s educational facilities and all medical care needs. These powers will only be required in the chance the principal should become…
Most living wills have the option of adding a health care agent to carry out the patient’s intended wishes. This is helpful in the event that there is a gray area where maybe the agent selected feels there is a good chance for survival and will opt against a decision made in the living will. Otherwise, the Principal can choose to neglect this portion of the document and have doctors and medical staff specifically adhere to what is written in the living will.
Both a Medical Power of Attorney and a Living Will act in the same way in that both cater towards a person’s medical wishes. A Living Will specifically handles end-of-life health care situations whereas a medical power of attorney covers a broad range of healthcare decisions and only goes into effect when a person becomes incapacitated (unable to think for themselves).
Before our firm drafts any power of attorney, we will sit down and learn more about your specific circumstances. In fact, after careful consultation, people sometimes determine that they do not wish to grant this type of authority to anyone. If you do decide to create a power of attorney, we will determine whether it becomes effective immediately, or only at the time of your incapacitation. Only after learning these things, can we draft the most appropriate power of attorney for your situation.
I was fortunate to find Rania online. We worked with her on our estate planning, getting all our documents in order. She was extremely competent, responsive and professional. I wasn’t sure how I would like working with some strictly online but she scheduled conference calls, educated us and handled it beautifully, putting my mind at ease. She was personal and genuinely cared about getting this right for us. I would highly recommend her services!
A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the competency issue in some circumstances.
Under some circumstances, if the third party’s refusal to honor the power of attorney causes damage, the third party may be liable for those damages and even attorney’s fees and court costs. Even a mere delay may cause damage, and this, too, may be actionable. It is reasonable, however, for the third party to have the time to consult with a lawyer or an internal legal department about the power of attorney. Delay for more than a short period may be unreasonable. Upon refusal or unreasonable delay, consult an attorney.
A living will can be created by an individual within one (1) day. It does not need to be made with an attorney or filed with a government office. All that is required is for the Principal (the patient) to enter their end-of-life treatment options and have the living will signed in the presence of a notary public and/or witnesses (depending on State Laws).
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