Video: Power of Attorney for Parent
Why You Can’t Create a Power of Attorney for a Loved One in Texas
When a loved one starts experiencing cognitive decline or becomes unable to manage their own affairs, it’s natural to want to step in and help. One of the most common tools people look to in these situations is a power of attorney (POA). A power of attorney can be an incredibly useful document in estate planning, allowing a trusted individual to act on another’s behalf when it comes to finances, property, and other critical matters.
However, there's a common misconception I see frequently in my estate planning and probate law practice here in San Antonio, Texas: you cannot create a power of attorney for someone else—even if you're their spouse, child, or close relative.
The Basics: What Is a Power of Attorney?
A power of attorney is a legal document that allows one person (called the "principal") to give another person (called the "agent" or "attorney-in-fact") the authority to make decisions on their behalf. These decisions may relate to financial matters, property management, and sometimes even medical decisions, depending on the type of POA.
But here's the key detail: only the principal—the person granting the power—can sign and authorize the document. And they must do so while they are mentally competent and able to understand what they are signing.
You Can’t Create a POA for Someone Else
One of the most common situations I encounter as a Texas estate planning attorney is when someone comes to my office hoping to create a power of attorney for a parent or spouse who can no longer manage their own affairs. Unfortunately, if that person is already incapacitated or unable to understand what they’re signing, a power of attorney is no longer an option.
This is one of the most important limitations of a POA. Even if your intentions are good—and even if you’re next of kin—you cannot legally execute or sign a power of attorney for someone else. It has to be done by the person themselves while they still have the mental capacity to do so.
What Happens If It’s Too Late?
If your loved one has already lost the ability to make decisions and has not previously executed a valid power of attorney, your only option may be to pursue a court-appointed guardianship. In Texas, guardianship is a legal process that allows a court to appoint someone (the guardian) to make decisions for another person (the ward) who is incapacitated.
Guardianship can be time-consuming and costly, requiring court oversight and ongoing responsibilities for the guardian. It is often considered a last resort when less restrictive alternatives—like a POA—are no longer possible.
Estate Planning Tip: Don’t Wait to Create a Power of Attorney
Let this be a friendly reminder: if you’re a Texas resident over the age of 18, you should have a power of attorney in place. None of us know what the future holds. Accidents, illnesses, or other unexpected events could leave you unable to make decisions for yourself. By having a POA prepared ahead of time, you can ensure that someone you trust will be able to manage your affairs if the need arises.
As a Texas estate planning and probate attorney, I strongly encourage all adults to include both a durable power of attorney (for financial matters) and a medical power of attorney (for healthcare decisions) as part of their estate planning documents.
Final Thoughts
Texas law is clear: a power of attorney must be executed by the individual granting the authority, and only while they are of sound mind. You can’t create one on someone else’s behalf, no matter how close your relationship is.
If you’re concerned about a loved one who may be losing capacity, or if you want to get ahead of potential issues with your own planning, now is the time to act. At the Whitney Thomas Law Firm, we help families across San Antonio and the surrounding areas with comprehensive estate planning, probate, and guardianship services.
Need Help with a Power of Attorney or Guardianship in Texas?
If you have questions about creating a power of attorney in Texas—or if you need to explore guardianship options for an incapacitated loved one—call the Whitney Thomas Law Firm today at 210-920-5002 or schedule a consultation online. We're here to help you protect what matters most.
