How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
10097515
Type Your Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have a question about initials power of attorney. If a PoA

Customer Question

I have a question about initials for durable power of attorney for Texas. If a PoA was signed and notarized but not initialled and the Principal is not mentally fit to redo the PoA, does this mean that the PoA is not valid in any way?
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

A Texas Statutory Power of Attorney Form is valid, even though, "one or more of the categories of optional powers listed in the form prescribed by Section 752.051 are not initialed." Estate Code 752.002(1). However, if none of the lines are initialed, then the power of attorney grants no powers to the appointed person. Which means that although the instrument may be valid as a whole, it does not authorize the appointed person to do anything. Which has the same effect as if the form were invalid.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!