A durable power of attorney (POA) is the document that keeps your family out of guardianship court. It names an agent, usually a spouse or adult child, who can sign checks, manage bank accounts, deal with the IRS, handle real estate, and run a small business on your behalf. Durable means it stays in effect if you later become incapacitated. In El Paso we prepare these for aging parents, for people facing surgery, for military families before a deployment from Fort Bliss, and for residents who spend months in Mexico and need someone here to handle a property sale or a tax matter.
Texas Estates Code Chapters 751 and 752 govern durable powers of attorney. Chapter 752 contains the statutory durable power of attorney form, which lists categories of authority (real property, banking, tax, retirement plans, digital assets, and more) that you initial to grant. Section 751.0021 requires the document to be signed before a notary, and Sections 751.101 through 751.106 require the agent to keep records and act in your best interest. Since 2017, Sections 751.201 through 751.213 give banks limited grounds to reject a POA and require them to accept a properly executed one or explain why in writing, which cut down on the old problem of institutions refusing valid documents.
Robert Navar prepares a Texas statutory durable power of attorney tailored to what you actually need, explains each power in English or Spanish, and notarizes it at our El Paso office. You never appear in court, and no judge or clerk is involved. The alternative, when a person becomes incapacitated with no POA in place, is a guardianship in the El Paso County probate courts, which requires a doctor's certificate, a court-appointed attorney, a hearing and yearly reports, and costs many times more than a POA. Generic online forms often omit the gift and beneficiary powers families need for Medicaid planning or use out-of-state language banks reject.
Choosing your agent and deciding when the POA takes effect
Your agent should be someone honest, organized and available in El Paso or reachable quickly. Name at least one alternate in case the first cannot serve. Texas lets you choose whether the POA is effective immediately or only upon a physician's written finding of incapacity (a springing POA). Immediate powers are simpler for banks; springing powers add a step but give some people peace of mind. We also discuss whether to allow the agent to make gifts, change beneficiary designations or create a trust, since those powers are excluded unless specifically granted under Section 751.031.
Using and recording a POA in El Paso County
A durable POA only needs to be recorded with the El Paso County Clerk if the agent will sign a deed or other real estate document on your behalf; otherwise the notarized original is enough. The agent presents a copy to banks, brokerages and the appraisal district when acting for you. A POA ends at your death, so it is not a substitute for a will or a transfer on death deed. You can revoke it any time in writing, and we recommend reviewing it every few years or after a divorce, since Section 751.132 automatically removes a former spouse as agent.
What's included
- Consultation in English or Spanish about who should serve and which powers to grant
- Texas statutory durable power of attorney under Estates Code Chapter 752, customized to your needs
- Primary agent and alternate agent designations
- Optional gifting, beneficiary and trust powers drafted for Medicaid and long-term care planning
- Notarization at our El Paso office, with recording at the El Paso County Clerk if real estate is involved
- Agent instruction sheet explaining duties, recordkeeping and how to present the POA to banks
How it works
Quick consultation
We discuss who you trust to act for you, what they may need to handle, and whether the POA should be effective now or only upon incapacity. You get a flat-fee quote on the spot.
Drafting
Robert Navar prepares the Texas statutory form with the powers you selected, plus any special provisions for real estate, business interests or Medicaid planning, and reviews it with you line by line.
Notarized signing
You sign before our notary at the El Paso office, or we arrange a hospital or home signing when needed. You leave with the original, certified copies and instructions for your agent.