In Texas, you have a choice to make your power of attorney effective immediately or only after incapacity. McCreary Law Office recommends the former. If you go with only after incapacity, too often, your agent (the person you put in charge) could have difficulty getting a formal declaration of incapacity. And without that, your agent would be powerless, which is exactly what we are trying to avoid by putting your power of attorney in place. We’ll discuss these options in detail during a consultation.
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