If you become unable to manage your own affairs — after a stroke, an accident, or with dementia — someone will have to act for you. The question is whether that person is someone you chose in advance, or someone a court appoints after a hearing.
A small set of documents answers that question. They are among the least expensive parts of any estate plan, and the ones families are most grateful for.
The core documents
- Statutory durable power of attorney
- Names an agent to handle your finances: banking, bills, taxes, real estate, retirement accounts. “Durable” means it keeps working if you become incapacitated.
- Medical power of attorney
- Names an agent to make health care decisions when you cannot.
- Directive to physicians
- Often called a living will. States your wishes about life-sustaining treatment if you have a terminal or irreversible condition.
- HIPAA authorization
- Lets doctors and hospitals share information with the people you name.
- Designation of guardian
- If a guardianship is ever needed, names who you want — and who you do not.
Why they matter: guardianship
Without these documents, a family often has to ask a court to appoint a guardian. Guardianship is a formal proceeding that removes legal rights from an adult. It involves a court-appointed attorney for the person, medical evaluations, a bond, annual reports and ongoing court oversight. It costs far more than planning and can take months — while bills go unpaid and decisions wait.
Texas law requires courts to consider less restrictive alternatives before granting a guardianship. Valid powers of attorney are usually the most important alternative.
Signing requirements
- A durable power of attorney must be signed before a notary. If your agent may need to deal with real estate, it should be recorded in the county property records.
- A medical power of attorney and a directive to physicians are signed before two qualified witnesses or a notary, depending on the form.
- You must have capacity when you sign. That is why these should be done now, not after a diagnosis.
Choosing your agent
Choose someone trustworthy, organized and willing, who lives close enough to be practical — and name at least one alternate. It does not have to be the oldest child. For finances, consider whether the agent should be able to make gifts or change beneficiary designations; those powers must be granted expressly and can matter a great deal for Medicaid planning.
Banks sometimes hesitate to accept powers of attorney that are many years old or on non-standard forms. Texas law gives agents tools to require acceptance, but in a crisis a fresh, properly drafted document on the current statutory form avoids the fight. If yours predates a move to Texas or is more than ten years old, have it reviewed.
Supported decision-making
For an adult with a disability who can make their own decisions with help, Texas also recognizes a supported decision-making agreement. It lets the person choose a supporter to help them understand options and communicate decisions, without giving up their own authority. It is worth knowing about for families of young adults with disabilities.
Common questions
My spouse can act for me automatically, right?
Not for most things. A spouse does not automatically have authority over accounts or property in your sole name, and may not be able to sign for community property that you manage. Married couples need their own documents too.
Does a power of attorney keep working after I die?
No. It ends at death. After that, the executor under your will, or the person appointed by the court, takes over.
What is the difference between my agent and my executor?
Your agent under a power of attorney acts for you while you are alive and their authority ends the moment you die. Your executor is named in your will, has no authority until a court appoints them after your death, and then settles your estate. The same person can hold both roles, and often does, but they are different jobs with different documents behind them.
Are powers of attorney from another state valid in Texas?
Generally yes, if they were valid where signed. In practice, Texas institutions are more comfortable with Texas forms. The firm is also licensed in New Mexico, Washington and Oregon, which helps with families spread across those states.
This guide is general information about Texas law as of September 2026, not legal advice for your situation. Laws and dollar figures change, and small facts change outcomes. Reading it does not create an attorney-client relationship. Grover C. Peters III is responsible for this content.