Power of Attorney Lawyer in Austin, TX

A power of attorney lets you name someone you trust, called an agent, to manage your finances or make health care decisions if you become unable to do so yourself. In Texas, financial and medical powers of attorney are separate documents governed by different rules. Having both in place while you still have full capacity helps keep a court-supervised guardianship from becoming necessary later.

Our team at Ford + Bergner, LLP has just reached 25 years of helping Texas families put these protections in place. Our attorneys work with clients throughout the Austin area to draft financial and medical powers of attorney tailored to their goals. We can help you decide which documents are best for your situation. Fill out an online contact form or call (512) 610-1100 to get started.

Financial Power of Attorney: Managing Your Assets

A financial power of attorney gives your agent authority over matters such as banking, real estate, taxes, and business affairs. In Texas, this document is governed by the Estates Code, and it is not automatically durable. That means it will not stay in effect after incapacity unless it includes durability language required under Texas Estates Code § 751.0021. Texas also provides a statutory form at Texas Estates Code § 752.051 that many families use as a starting point.

Depending on how the document is drafted, a financial power of attorney can authorize your agent to handle:

• Real estate and property transactions
• Banking and financial accounts
• Business operations
• Insurance and retirement benefits
• Tax matters
• Government benefits such as Social Security or Medicare

Signing a power of attorney does not take away your own authority. You can still manage your own affairs, and your agent’s authority exists alongside yours rather than replacing it. This arrangement gives you a built-in safety net without giving up control.

Medical Power of Attorney: Making Health Care Decisions

A financial power of attorney does not give your agent any say over your medical care. That authority comes from a separate document called a medical power of attorney, governed by Chapter 166 of the Texas Health and Safety Code, Subchapter D. This document lets your agent consent to, refuse, or withdraw treatment on your behalf if you cannot communicate your own wishes. Because the financial and medical documents cover different decisions, most complete estate plans include both.

How a Power of Attorney Can Help You Avoid Guardianship

Without a valid power of attorney in place, a family often has no legal way to step in and manage a loved one’s finances or health care once that person becomes incapacitated. This is true even when everyone agrees on what needs to happen. In that situation, the family may have no choice but to petition a court for guardianship. 

A guardianship proceeding is more expensive, more public, and more time-consuming than acting under documents signed in advance. It also requires ongoing court supervision and periodic reporting, which a power of attorney does not. In many cases, the family also loses the ability to choose who takes on this role, since the court makes the final decision on who serves as guardian.

Our guardianship attorneys regularly see families reach this point simply because no one signed the right documents in time. By the time a guardianship becomes necessary, the process is often more stressful and costly than planning would have been. Putting financial and medical powers of attorney in place now as part of your estate plan helps avoid that outcome for your own family later.

Choosing the Right Agent

The person you name as your agent will have significant authority over your affairs, so this decision deserves real thought rather than a default choice like your oldest child. The right agent should be trusted with sensitive decisions and willing to act when called upon. Consider someone who is:

• Trustworthy with financial and personal matters
• Organized and comfortable handling paperwork and deadlines
• Willing and able to serve when called upon
• Located nearby, or able to act quickly if needed

It is also worth naming a successor agent in case your first choice becomes unable to serve. Reviewing your choice every few years helps ensure the person you named is still the right fit. Taking this step now can prevent disputes among family members later.

Why Hire Ford + Bergner, LLP

Powers of attorney look simple on the surface, but the authority they grant, and the limits on that authority, depend heavily on how the document is drafted. Our attorneys build these documents as part of a broader estate plan, alongside wills, trusts, and other planning tools. We take the time to walk through your goals and family circumstances before recommending which powers your agent should have. This approach helps ensure your documents work together instead of leaving gaps.

Frequently Asked Questions

Does a Power of Attorney Replace a Will?

No. A power of attorney only has authority while you are alive, and it ends automatically at your death. A will controls how your property is distributed after your death. Most complete estate plans include both documents along with a medical power of attorney.

Can You Change or Cancel Your Power of Attorney Later?

Yes, as long as you have the mental capacity to do so. You can revoke a power of attorney at any time and replace it with an updated document as your circumstances or preferences change. Many people update these documents after a major life event, such as a move, a divorce, or the passing of a named agent.

Can Your Spouse Make Financial or Medical Decisions for You Without a Power of Attorney?

Many people assume marriage automatically gives a spouse the legal right to manage finances or make medical decisions, but Texas law does not work that way. Without a signed power of attorney, your spouse may be unable to access certain accounts, sign on your behalf, or speak with your doctors about your care. A financial and medical power of attorney gives your spouse, or another agent you choose, clear legal authority to act for you.

Talk to Ford + Bergner, LLP About Your Power of Attorney

Putting the right documents in place now can save your family time, expense, and stress later. At Ford + Bergner, LLP, we can help you put a financial and medical power of attorney in place that fits your situation. Our attorneys are ready to walk you through each step. Call (512) 610-1100 or fill out an online contact form to talk with our team about getting started