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How Do You Get Power of Attorney Over a Parent in Texas? A Step-by-Step Guide

As parents age or face health challenges, adult children often find themselves stepping in to help manage finances, medical care, or legal decisions. In these situations, having a power of attorney (POA) is essential. But how do you get power of attorney over a parent in Texas—and what does the process involve?

At The Lange Firm, we regularly assist families in navigating the legal and emotional aspects of planning for a loved one’s care. Whether your parent is still healthy and planning ahead or is already showing signs of incapacity, here’s what you need to know about obtaining power of attorney and doing it the right way.

What Is Power of Attorney?

A power of attorney is a legal document that allows one person (the agent) to act on behalf of another person (the principal) in financial, legal, or medical matters.

There are different types of POA in Texas:

• Durable Power of Attorney – For financial and legal decisions; remains effective if the parent becomes incapacitated
  
  
• Medical Power of Attorney – For healthcare decisions if your parent can’t speak for themselves
  
  
• Limited or Special POA – Used for specific tasks or timeframes
  
  
• Springing POA – Becomes active only after a triggering event, like a doctor’s certification of incapacity
  
  

💡 The parent (principal) must be mentally competent to voluntarily grant a POA.

Can I Just Take Over?

No. You cannot unilaterally “take” power of attorney over a parent. They must:

1. Be mentally competent at the time of signing
   
   
2. Understand the document’s implications
   
   
3. Voluntarily agree to give you that authority
   
   

If your parent is already incapacitated (due to Alzheimer’s, stroke, etc.), it’s too late for a POA. In that case, you’ll need to go through guardianship proceedings in court.

How to Get Power of Attorney Over a Parent in Texas

✅ Step 1: Have an Honest Conversation

Before drafting any legal documents, talk openly with your parent about:

• Their wishes for the future
  
  
• Who they trust to make decisions
  
  
• What kind of decisions you may need to make (financial, healthcare, etc.)
  
  

Emphasize that a POA is about respecting their wishes, not taking over.

✅ Step 2: Choose the Right Type of POA

Depending on your parent’s needs, they may want to execute:

• A Durable Power of Attorney for managing finances, property, bills, and legal matters
  
  
• A Medical Power of Attorney to designate someone to make healthcare decisions
  
  
• A HIPAA Authorization to access medical records
  
  
• Advance directives to guide medical treatment preferences
  
  

At The Lange Firm, we can help you and your parent choose the right tools for their situation.

✅ Step 3: Work with an Estate Planning Attorney

While DIY forms exist, a POA must meet specific legal requirements under Texas Estates Code. An attorney will:

• Draft a customized, legally compliant POA
  
  
• Ensure the language is clear and enforceable
  
  
• Help avoid common mistakes or future disputes
  
  
• Assist with proper execution and notarization
  
  

📌 The Lange Firm offers flat-fee packages for complete POA documents tailored to your family’s needs.

✅ Step 4: Sign the POA with Required Formalities

In Texas, the requirements are:

• Durable POA: Must be notarized
  
  
• Medical POA: Must be either notarized OR signed by two qualified witnesses
  
  

Be sure your parent signs voluntarily, and that all legal formalities are followed.

✅ Step 5: Distribute and Store the Document

After execution:

• Give copies to relevant parties (banks, doctors, family, etc.)
  
  
• Store the original in a safe, accessible place
  
  
• Consider recording the POA with your county clerk if it involves real estate
  
  

What If My Parent Is Already Incapacitated?

If your parent can’t understand or sign legal documents due to incapacity, you’ll need to pursue guardianship through the Texas probate courts.

This process is:

• Court-supervised
  
  
• Time-consuming
  
  
• Often requires medical proof of incapacity
  
  
• Public and can be contested
  
  

💡 This is why it’s crucial to set up power of attorney before a health crisis occurs.

Why Work with The Lange Firm?

At The Lange Firm, we help Texas families:

• Draft durable and medical POAs
  
  
• Navigate sensitive family dynamics
  
  
• Ensure proper execution and compliance
  
  
• Avoid costly guardianship battles down the road
  
  
• Create comprehensive estate plans that include wills, trusts, and advance directives
  
  

We make the process simple, supportive, and secure—giving both you and your parent peace of mind.

📞 Contact us today to schedule a consultation and start planning ahead with confidence.

Final Thoughts

So, how do you get power of attorney over a parent? It starts with understanding that POA is granted, not taken—and it must be done while your parent is still mentally capable.

✅ The earlier you start the conversation, the better. Let The Lange Firm help you protect your parent’s wishes, your peace of mind, and your family’s future.