How has the springing power of appointment been improved?
The prior law first enacted the idea of a “springing power of an attorney” which would spring to life upon the principal s disability or incapacity. The questions always was at what point would a principal be considered disabled or incapacitated for the purposes of unleashing the power? The new law provides a statutory definition of disabled or incapacitated which is now based on the written certification by a physician that the principal is mentally incapable of managing his or her financial affairs. The statute contains the revised form of Statutory durable Power of Attorney, a copy of which is attached. If you have any questions concerning the new laws, please contact one of our attorneys. STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE durable POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTH
