Powers of Attorney
Financial and medical powers of attorney that let trusted people act for you when you cannot.
Wills and trusts handle what happens after you are gone. Powers of attorney handle what happens if you are still here.
After a stroke, a serious accident, or the slow drift of cognitive decline — these are the documents that let trusted people act for you without going to court.
Wills and trusts handle what happens after you are gone. Powers of attorney handle what happens if you are still here but unable to make your own decisions — after a stroke, a serious accident, or the slow drift of cognitive decline. Without these documents in place, your family may have to ask a Texas court to appoint a guardian, an ordeal nobody should be put through if it can be avoided.
The decision turns on what you own, who you love, and how much friction you want your family to deal with on the worst day of their life. We work through it with you in plain English, and then draft documents that hold up the way they read — at the bank, at the title company, and in front of a Texas probate judge if it ever comes to that.
Waco · McLennan County · Central Texas
Who handles the money — and who handles the medicine?
These are usually two different people, with two different documents, doing two very different jobs. We help you think both choices through.
Statutory Durable Power of Attorney
Names the person who can pay bills, manage investments, sign tax returns, and deal with banks on your behalf if you cannot. Drafted with the specific grants of authority Texas banks actually look for.
- Texas statutory form (Ch. 752)
- Stays effective during incapacity
- Specific grants for real estate, retirement, taxes
- Drafted to be honored, not argued over
Medical Power of Attorney + HIPAA
Names the person who will speak with doctors, consent to or refuse treatment, and stay in the loop with hospitals. The companion HIPAA Authorization removes the privacy walls that otherwise lock the family out.
- Clear authority to make care decisions
- HIPAA release for the people you trust
- Pairs with a Directive to Physicians
- Honored across Texas hospital systems
“We have heard plenty of stories about banks refusing to honor a power of attorney. We draft these documents with that real-world friction in mind — current statutory forms, clear grants of authority, and the protections Texas law provides for agents acting in good faith.”
A closer look at how we build the plan.
Every section below is a real piece of the conversation we have with Central Texas families. None of it is boilerplate, and none of it is pulled out of a drawer.
The Statutory Durable Power of Attorney
The Texas Statutory Durable Power of Attorney is the document that lets a trusted person — your spouse, an adult child, a sibling — handle your financial affairs if you are unable to handle them yourself. Done correctly, it grants specific authority for the things that actually need doing: paying bills, managing investments, dealing with the IRS, signing documents on your behalf, and accessing your accounts. Done poorly, it leaves your agent fighting with banks who refuse to honor it.
The Medical Power of Attorney
The Medical Power of Attorney is the companion document for healthcare decisions. It names the person who will speak with doctors, consent to or refuse treatment, and make the calls that have to be made when you cannot make them yourself. Choosing the right person matters more than the document itself — but the document has to be in place for that person to be heard.
Directive to Physicians (Living Will)
The Texas Directive to Physicians, sometimes called a Living Will, sets out your wishes for end-of-life care in the specific situations the statute contemplates: terminal illness with no recovery in sight, or an irreversible condition that has taken away your ability to communicate. It is not a comfortable conversation, but it is a kind one — kind to the people who would otherwise have to guess.
HIPAA Authorization
Modern privacy law makes it harder than people realize for family members to even get information from a doctor. A separate HIPAA Authorization, executed alongside the medical documents, removes that obstacle and ensures the people you trust can stay informed about your care.
Declaration of Guardian
If a guardianship ever does become necessary — for example, if powers of attorney are not enough or are challenged — a Declaration of Guardian lets you name in advance the person you would want, and just as importantly, the people you would not. A Texas court is required to give substantial weight to that declaration.
Documents That Get Honored
We have heard plenty of stories about banks and hospitals refusing to honor a power of attorney because of a missing initial, an outdated form, or language the institution did not recognize. We draft these documents with that real-world friction in mind — using current statutory forms, clear grants of authority, and the additional protections Texas law specifically provides for agents acting in good faith.
The documents that keep your family out of guardianship court.
Each one handles a specific corner of decision-making. Together, they let trusted people act for you immediately and quietly when the time comes.
Statutory Durable POA
Texas Ch. 752 statutory form with the specific grants of authority financial institutions look for.
Medical Power of Attorney
Names the person who will make healthcare decisions if you cannot speak for yourself.
Directive to Physicians
Sets out your wishes for end-of-life care in the situations the Texas statute contemplates.
HIPAA Authorization
A separate release so the people you trust can actually get information from doctors and hospitals.
Declaration of Guardian
Names — in advance — who you would and would not want appointed if a guardianship ever became necessary.
Agent Briefing Letter
Plain-English instructions for the people you have named, so they know what to do when the call comes.
From the first conversation to a signed plan.
The first conversation
We sit down and talk through your family, your assets, and what worries you most. No forms, no jargon, no pressure to decide on the spot.
A clear recommendation
Will or trust, what powers of attorney you need, and how to coordinate beneficiary designations and titling — explained in plain language with a flat fee in writing.
Drafting & review
Documents are drafted to your situation, then sent to you to read at your own pace. We walk through every page together before anyone signs.
Signing & funding
Documents are executed under Texas formalities. For trust-based plans, we handle the deeds and account retitling so the plan actually works the way it reads.
The questions Texas families ask before signing.
When does the power of attorney take effect?
By default, on signing — so your agent can step in immediately if needed. We can draft a 'springing' version that only activates on incapacity, but those create more friction with banks and we usually recommend against them.
What if a bank refuses to honor it?
Texas law provides specific protections for agents acting in good faith and remedies against institutions that refuse without cause. We draft with that in mind, and we coach your agent on what to do when it happens.
Can my agent be held liable?
An agent owes you fiduciary duties, but is protected when acting in good faith within the document's grants of authority. We pick the right person and brief them properly so the role does not become a burden.
Can I name more than one agent?
Yes — jointly or in succession. We talk through the trade-offs, because joint agents can deadlock and successor agents can squabble. The structure should fit your family, not the other way around.
Waco · McLennan, Bell, Coryell, Falls, Hill & Limestone counties.
Related practice areas.
Protect your family before probate ever becomes a problem.
Schedule a consultation with Harvey L. Cox. We will walk through your situation, explain your options under Texas law, and quote a flat fee before any work begins.