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PROTECTING YOU, YOUR FAMILY, YOUR FUTURE | SCHEDULE AN APPOINTMENT | CALL US TODAY! (832) 408-0505

GP Schoemakers, PLLC

Protecting You, Your Family, Your Future

BOOK AN APPOINTMENT

  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

NEED A DURABLE POWER OF ATTORNEY?

HIRE A KNOWLEDGEABLE ESTATE
PLANNING LAWYER IN CLEAR LAKE, TX

What is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document that allows someone you chose to act in your place.

Durable Power of Attorney

Why do you need a Durable Power of Attorney?

What if something happens to you, maybe you get sick, are in an accident, or are feeling the effects of aging. A Durable Power of Attorney will allow someone designated by you to make financial decisions for you when you are no longer able to do so for yourself. A timely executed Durable Power of Attorney is effective even after you become incapacitated, yet becomes ineffective upon your death.

A Durable Power of Attorney can allow your agent to do things like pay your bills, file tax returns, even sell your property, or transfer stocks and bonds, but it doesn’t stop here. Under a Durable Power of Attorney someone you trust can also help you collect government benefits, in other words, they can handle all your financial affairs if you want them to.

When does a Durable Power of Attorney become effective?

There are two options, you can choose your agent to have these powers immediate, or you can decide to wait until you legally are deemed unable to handle your own affairs. It really is up to you.

I have a General Power of Attorney, do I really need a Durable Power of Attorney?

A Durable Power of Attorney is different from a General Power of Attorney in so far that a non-Durable Power of Attorney loses its power when your mental faculties are compromised.

Can you get a Durable Power of Attorney for a family member or yourself after becoming mentally incapacitated?

Sadly, No. Usually, the only thing that can be done when there is no a Durable Power of Attorney is to have the court appoint a Guardian over your estate (and or Person), either on a temporary basis, or a permanent basis.  This process requires a lot more time to complete, and usually is very costly when comparing it to setting up an estate plan that includes a Durable Power of Attorney when you still can.

Do you need to get a Durable Power of Attorney when you are married, or when your parents are still living?

Unless you specifically gave someone the authority under a power of attorney or Durable Power of Attorney, no one is presumed to have any rights over you once you turn 18 years of age, not even your spouse, parents or siblings.

Have you designated someone to make your financial decisions for you in the event you are unable to do so?

If not, you need to call us now. Durable Powers of Attorney are simple and inexpensive and can be extremely valuable in the event of a disability. We can help you set up an Estate Plan that will fit your personal needs. Call or contact us today! We are here to help.

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Clear Lake Location
1100 NASA Parkway, Ste 420J
Houston, TX 77058

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