Power of attorney is a designation that allows someone to make decisions for someone else—to act on their behalf. Generally speaking, when a person becomes incapacitated, he or she is no longer able to make legal and financial decisions on his or her own behalf. In such cases, a power of attorney can serve as a useful tool. It is possible for the court in Houston to appoint someone to make these decisions for the individual, but this is usually not the preferred situation as it is both cumbersome and costly. By designating power of attorney to a close family member or friend, the afflicted individual will have peace of mind knowing that, in the event of incapacitation, important decisions will be made by a trusted person.
When someone is granted power of attorney, the designation may go into effect immediately or it may not go into effect until the grantor becomes incapacitated. Be careful, individuals who hold another’s power of attorney have a legal duty to act in good faith when managing the grantor’s financial assets and legal matters. It is possible for legal action to be taken if a person with power of attorney is alleged to have mismanaged the grantor’s affairs.