Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

my friend is taking an overseas assignment for at least a year…

Customer Question
my friend is taking an...
my friend is taking an overseas assignment for at least a year and would like to give me power of attorney while he is out of the country -- how do we go about doing this?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
11/22/2009
Lawyer: Richard, Attorney replied 8 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,229
Experience: Attorney with 29 years of experience.
Verified

Hi there. I have attached the Texas Statutory form of a Durable Power of Attorney. I think you will find the language self-explanatory. You will want to have this executed, notarized, then recorded.

 

 

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 AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.]

 

I, ______________________, of ________________, ____________, ______________ _______, appoint _______________________, of ________________, ________________, ________________ __________, as my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below:



[TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.]

 

Real property transactions

 

Tangible personal property transactions

 

Stock and bond transactions

 

Commodity and option transactions

 

Banking and other financial institution transactions

 

Business operating transactions

 

Insurance and annuity transactions

 

Estate, trust, and other beneficiary transactions

 

Claims and litigation

 

Personal and family maintenance

 

Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service

 

Retirement plan transactions

 

Tax matters

 

[IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT SHALL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.]

 

SPECIAL INSTRUCTIONS:

 

Special instructions applicable to gifts (initial in front of the following sentence to have it apply):

 

____ I grant my agent (attorney in fact) the power to apply my property to make gifts, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift.

 

[ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.]

 

No power granted by this Power of Attorney shall be exercisable in a manner that would grant to my agent a general power of appointment, as described in Section 2041 of the Internal Revenue Code, or any incidents of ownership over insurance on the life of my agent, as described in Section 2042 of the Internal Revenue Code (or under any Treasury Regulations issued under those sections).

 

[UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN.]

 

(A) This Power of Attorney is effective immediately and is not affected by my subsequent disability or incapacity.

 

(B) This Power of Attorney is not effective immediately; it becomes effective upon my disability or incapacity.

 

[YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).]

 

If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am physically or mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.

 

I agree that any third party who receives a copy of this document may act under it. Revocation of the Durable Power of Attorney is not effective as to a third party until the third party receives actual notice of the revocation, or until it is revoked by me by revocation entered of record in the office of the County Clerk of ______________ County, ______________. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

 

If my named agent dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor agent: _______________________, of ________________, ________________, ________________ __________ and _______________________, of ________________, ________________, ________________ __________.

 

Signed this ____ day of ______________, 2008.

 

 

______________________

 

 

STATE OF TEXAS }

}

COUNTY OF ____________ }

 

This instrument was acknowledged before me by ______________________, on this ____ day of ______________, 2008.

 

 

Notary Public, State of Texas

 

[THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.]

 

AFTER FILING PLEASE RETURN TO:

 

_______________________

_______________________

_______________________

_______________________

 

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Ask Your Own Legal Question
Customer reply replied 8 years ago
Thank you so much...any issue with the fact that the form has a "2008" date? Are we able to change it to a "2009" date?
Lawyer: Richard, Attorney replied 8 years ago

My pleasure. No, the form has not changed....you can just put this year's date in.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Ask Your Own Legal Question
Customer reply replied 8 years ago

Thanks...one more question...at the very end of the form it mentions "After filing please return to"....where does this notarized form get sent to? And do we need a lawyer involved in any way as well?

 

 

Lawyer: Richard, Attorney replied 8 years ago

You would just want the recorded document sent to you. You do not need to involve an attorney for this since I have provided the form to you.

 

I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

 

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,229
Experience: Attorney with 29 years of experience.
Verified
Richard and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,229
57,229 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
We intend to send our son to live with a friend while Im on
Hi we intend to send our son to live with a friend while Im on assignment overseas. From legal view - what do we need to complete for this to work? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,185 satisfied customers
Do you know if a military person would loose pension and
Do you know if a military person would loose pension and other monies if they bring something back from overseas without notifying their command … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a Florida resident who moved overseas for work purposes
I am a Florida resident who moved overseas for work purposes 11 years ago and own no property in Florida. My son is getting ready for college now and somehow I need to show the university evidence of Florida residency. How can I go about doing this? I am not and never was a resident of any other state. Thanks. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,185 satisfied customers
Is it possible if someone is being detained who needs to pay
Is it possible if someone is being detained who needs to pay a fine but since he was out of the country for a short time his bank account was locked. The authorities won't let him go to the bank, so h… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Attorney accidents here is the story .. a friend of mine
Attorney accidentsGreetings, here is the story .. a friend of mine from Guatemala arrived to NYC about a year ago He went to work in construction in the Poconos Las week at work a tragic accident, he … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I am currently unemployed and about to start a new business.
I am currently unemployed and about to start a new business. I will set up a consulting company in Indiana for this. The first project will be a 2 year duration overseas assignment that will have me a… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
The business is a sole proprietorship. I learned today that
The business is a sole proprietorship. I learned today that the owner cashed out her insurance for the business (a pet sitting and walking service), so i do not believe that the business can continue … read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
A friend of mine has just received a summons concerning an
A friend of mine has just received a summons concerning an old credit card bill. The actual balance is around $475, but with fees, interest etc. the bill collector wants 800-900, I forget which. We un… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
In Florida when selling a car privately are all that is required
In Florida when selling a car privately are all that is required is signing the title over to the buyer or must there also be a bill of sale included?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Greetings, my question is about estate law. My partner of 16
Greetings, my question is about estate law. My partner of 16 years recently passed away overseas, he had no will. He had dual nationality, (canadian, austrian) while I am american. Upon contacting the… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
How can i get power of attorney from someone over seas. they
How can i get power of attorney from someone over seas. they can not get out of a country for lack of funds… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Hi, Im hoping you can give me some advice on what to expect
Hi, I'm hoping you can give me some advice on what to expect from a situation that has arisen for me in the last week. A friend of mine in Japan asked me a while ago to use my Photoshopping skills to … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My friend and I rented a U-haul truck on Saturday 21st August
My friend and I rented a U-haul truck on Saturday 21st August and both were registered in the contract. We got the 'SafeMove' insurance for the rental. We specifically asked if all damages are covered… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Hi, Going to try to do my best to explain this issue. My
Hi, Going to try to do my best to explain this issue. My father who just passed away had some land overseas. (middle east) The problem is the land he once had was sold unbeknown to him. Basically the … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Hello, I am active duty military and my ex spouse has taken
Hello, I am active duty military and my ex spouse has taken me to court to stop me from PCSing with our daughter. There is a prior court decree from South Dakota that states he can't cause any family … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My son is overseas in Iraq. He gave me power of attorney while
My son is overseas in Iraq. He gave me power of attorney while he is gone (I am his mother). He requested that I give power of attorney over his truck only so that a friend could register it for me in… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am currently involved with a man who is illegal in the ...
I am currently involved with a man who is illegal in the USA. We would like to get some advise, as to how we can go about this. He does not have any record of misconduct in the US. Though he may try a… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
I married an illegal alien.a couple months ago...he ...
I married an illegal alien.a couple months ago...he had come to the usa first in 1989 from el salvador and got political asylum.....he let it lasp and was picked up by immigration. the judge said he w… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x