Power of Attorney in Waco, TX (Texas) — Plain-English Overview

I’m Harvey L. Cox, a Texas estate planning attorney based in Waco. This page explains power of attorney documents in plain English—what they do, when they work, and the common mistakes that create problems for Texas families.

This is general educational information for Texas families—not legal advice.

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Quick answer: What is a power of attorney?

A power of attorney (POA) is a document that gives someone you choose (your “agent”) legal authority to act for you.

Most families use POAs for one reason: if incapacity happens first, someone needs authority to handle decisions and paperwork without a court proceeding.

The two types most families need

1) Financial (Durable) Power of Attorney

A financial durable POA is designed to let your agent handle financial and legal tasks if you can’t.

Common examples:

• Paying bills and managing bank accounts
• Handling insurance and benefits paperwork
• Signing routine documents
• Working with financial institutions (when accepted)

2) Medical Power of Attorney

A medical POA lets your agent make medical decisions if you can’t communicate or make decisions.

Most families also use related documents such as:

• HIPAA authorization (so your agent can access information)
• Directive to physicians / advance directive (end-of-life guidance)

When a POA helps—and when it doesn’t

A POA can help when:

• You are alive but unable to manage your affairs
• A spouse or adult child needs authority to act

A POA does not:

• Transfer assets at death (it generally ends at death)
• Replace a will or trust
• Fix titling and beneficiary problems by itself

Common POA mistakes I see

Mistake 1: Waiting until there’s a crisis

Once someone lacks capacity, they may not be able to sign new documents. That’s when families get forced into court-based solutions.

Mistake 2: Choosing the wrong agent (or no backup)

The “best” agent is the person who is:

• trustworthy
• available
• organized
• willing to do the work

I also recommend naming at least one backup agent.

Mistake 3: Assuming the bank will accept every POA

Even a valid POA can be rejected by a financial institution. That’s why planning should include practical implementation steps and, in some cases, coordination with account ownership and beneficiary designations.

Mistake 4: Thinking POA = complete incapacity planning

POAs are important, but they’re only one part of a working plan. Most families also need coordinated documents and a clear “plan in a binder” system.

A quick “agent pressure test” (questions to ask yourself)

Before you name an agent, ask:

1. Will this person actually say “no” to other family members if needed?
2. Can they handle paperwork and follow through?
3. Do they live close enough (or have time) to be effective?
4. Who is the backup if they can’t serve?
5. Will they communicate clearly with doctors, banks, and family?

Next step

If you want a simple starting point, download my free Avoid Probate in Texas Starter Kit.

If you want to talk it through, you can also schedule a consultation (limited availability).

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Disclaimer

This website provides general educational information about estate planning and related topics for Texas families. It is not legal advice and does not create an attorney-client relationship. Legal outcomes depend on your specific facts and circumstances.