[TX] [TX] How do I use a power of attorney to manage my dad’s affairs?
Hello! My dad has a terminal illness and we just got done with signatures and notary on me being his POA agent (effective immediately). I’m trying to figure out what I need to do now (like with the paperwork) and what other steps I need to take to make sure I’m prepared to handle his affairs, other than stuff like funeral plans, which we’re already working on.
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In Texas, you usually don’t have to file a Power of Attorney with any government office unless it involves real estate. The original, signed, and notarized POA is the key document—keep it somewhere safe but easy to access, like a fireproof safe or safe deposit box. Make several good copies. Most places will accept a copy but may want to see the original first. Since this doesn’t involve real estate, there’s no need to file it with the county clerk or any other office.
When you need to use the POA, you present it to the bank or other institution where you’re handling your father’s affairs (Texas Estates Code § 751.001–751.254). For example, take both the original and a copy to his bank or credit union. The bank will review it, keep a copy, and confirm that they’ll honor it. That lets you manage his money, pay bills, or access accounts as allowed by the POA.
You’ll also show it to other organizations as needed—investment companies, insurance providers, and possibly government agencies like Social Security, VA, or Medicare, depending on what you’re managing. If your POA includes healthcare powers (or you have a separate Medical POA), you’d also show it to doctors and hospitals. It’s smart to take the POA to the bank now rather than waiting for an emergency, so they can set everything up ahead of time.
As for adding your name to his bank account: that usually makes it a joint account with rights of survivorship. That means both of you legally own the money, and when he passes, the account typically goes directly to you outside probate. The upside: you have immediate access while he’s alive and after he passes. The downside: the funds can be exposed to your creditors and will bypass his will.
Using the POA instead lets you manage your father’s money without owning it. You can pay bills and handle banking, but the money remains his, protected from your creditors and distributed according to his will or estate plan when he dies. If your main goal is to handle his affairs while he’s alive, it’s usually better to rely on the POA rather than becoming a joint owner on the account.
Since he’s seriously ill, it’s also wise to make sure he has (Texas Health & Safety Code Chapter 166, Subchapter D (§ 166.151–166.166)):
- A Medical Power of Attorney
- An advance directive/living will
- HIPAA releases so providers can talk to you
- Updated beneficiary designations on life insurance, retirement accounts, etc.
Gather key information like insurance policies, debts, recurring bills, and access details for important digital/online accounts, so you can manage everything smoothly. You’re doing the right thing by getting this organized now.
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Hello! My dad has a terminal illness and we just got done with signatures and notary on me being his POA agent (effective immediately). I’m trying to figure out what I need to do now (like with the paperwork) and what other steps I need to take to make sure I’m prepared to handle his affairs, other than stuff like funeral plans, which we’re already working on.
Lexi, Chatbot
I’m really sorry to hear about your dad’s situation; that must be very challenging. Since you have the signed and notarized Power of Attorney, could you let me know where you’re located? That will help me give more specific guidance.
I’m in Texas.
Jon
Thanks for letting me know you’re in Texas. Since you have the signed and notarized Power of Attorney, do you have any specific concerns or areas where you feel you might need guidance?
Okay, so I have this paperwork that was just signed and notarized. What do I do with it? Do I file it somewhere? I used to work in the death industry, so I understand how pre-planning works; but I’m trying to make sure my T’s are crossed and my i’s are dotted properly, so everything runs smoothly in the event of his death.
Jon
I understand. Do you know if you’ll be handling any real estate matters for your dad?
We’ve already discussed his death plan, so funerary stuff is no problem. He doesn’t have many assets. His car and house belong to his partner, so that’s a non-issue.
Jon
Understood. Is there anything else you’d like to add before I explain what to do with the POA?
No. I told him I plan on adding my name to his bank account so I can access funds if needed (I shouldn’t have to, but just in case). I’m just trying to figure out if there’s anything else I need to consider. And again—what to actually do with this POA paperwork. Do I just take it to the bank with me? He’s not all there all the time, so I’m just trying to get everything squared away for him, without having to collaborate over every little thing.
Jon
In Texas, you usually don’t have to file a Power of Attorney with any government office unless it involves real estate. The original, signed, and notarized POA is the key document—keep it somewhere safe but easy to access, like a fireproof safe or safe deposit box. Make several good copies. Most places will accept a copy but may want to see the original first. Since this doesn’t involve real estate, there’s no need to file it with the county clerk or any other office.
When you need to use the POA, you present it to the bank or other institution where you’re handling your father’s affairs (Texas Estates Code § 751.001–751.254). For example, take both the original and a copy to his bank or credit union. The bank will review it, keep a copy, and confirm that they’ll honor it. That lets you manage his money, pay bills, or access accounts as allowed by the POA.
You’ll also show it to other organizations as needed—investment companies, insurance providers, and possibly government agencies like Social Security, VA, or Medicare, depending on what you’re managing. If your POA includes healthcare powers (or you have a separate Medical POA), you’d also show it to doctors and hospitals. It’s smart to take the POA to the bank now rather than waiting for an emergency, so they can set everything up ahead of time.
As for adding your name to his bank account: that usually makes it a joint account with rights of survivorship. That means both of you legally own the money, and when he passes, the account typically goes directly to you outside probate. The upside: you have immediate access while he’s alive and after he passes. The downside: the funds can be exposed to your creditors and will bypass his will.
Using the POA instead lets you manage your father’s money without owning it. You can pay bills and handle banking, but the money remains his, protected from your creditors and distributed according to his will or estate plan when he dies. If your main goal is to handle his affairs while he’s alive, it’s usually better to rely on the POA rather than becoming a joint owner on the account.
Since he’s seriously ill, it’s also wise to make sure he has (Texas Health & Safety Code Chapter 166, Subchapter D (§ 166.151–166.166)):
- A Medical Power of Attorney
- An advance directive/living will
- HIPAA releases so providers can talk to you
- Updated beneficiary designations on life insurance, retirement accounts, etc.
Gather key information like insurance policies, debts, recurring bills, and access details for important digital/online accounts, so you can manage everything smoothly. You’re doing the right thing by getting this organized now.
Thanks! Yeah, just better understanding whether or not I needed to file the paperwork and how to use it is my main concern. He’s working on his advance directive and a willed body donation with UT Southwest, so I’m helping him with that. Since I worked in the death/funeral industry for a decade, I’m hyper-aware of the need for thorough pre-planning; but POA is new to me. I think this answers all of my questions though. Thank you!
Jon
You’re very welcome! I’m glad to help. Did that clear things up for you?
That answered everything for now. Thanks!
Jon
Great. If anything else comes up, don’t hesitate to reach out. Wishing you and your dad the very best.
Jon
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