Texas Estates Code 751.00201 – Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney
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Terms Used In Texas Estates Code 751.00201
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Unless otherwise defined by a durable power of attorney, an individual is considered disabled or incapacitated for purposes of the durable power of attorney if a physician certifies in writing at a date later than the date the durable power of attorney is executed that, based on the physician’s medical examination of the individual, the individual is determined to be mentally incapable of managing the individual’s financial affairs.