Dying without a will

The difference between a General Power of Attorney and a Durable Power of Attorney

A General Power of Attorney is a legal document that authorizes a person to represent the other, thereby giving them the power and permission to act on their behalf. This legal document is usually effective until such a time when the person represented dies or the issues enlisted in the document are fully resolved. The General Power of Attorney can also be proved invalid when the agreement between the representative and the owner revoke the legal document.

Durable Power of Attorney is a legal document that gives one the permission to act on behalf of the other. However, this legal document is only effective when the person represented is incapacitated or unable to handle matters on their own. Therefore the difference between a General Power of Attorney and a Durable Power of Attorney is that the latter is only effective when the person represented is incapacitated while the General Power of Attorney is effective immediately until a time when the document is revoked or the represented person dies.

The importance of having last wills Durable Power of Attorney and a living will

A will is a very fundamental document in our lives since it protects us and our loved ones from the unseen dangers such as death or incapacitation. In particular a living will protects the family from having to make difficult decisions incase one of their most dependable member e.g. a father or mother passes on. Another importance of having a will is that it helps the family to carry on the legacy of the departed party according to how they so wished. In the case of a Durable Power of Attorney, we find that important decisions are made despite the incapacitation of a family member.

What happens in Texas when one dies or falls ill without a will?

The law in Texas states that when one dies or falls ill without a written will, his or her property is distributed in the Texas probate code. Under the provisions set out the law is able to distinguish whether the property should be classified as private property or community property. According to the probate code private property is referred to as the property the deceased owned prior to marriage or acquired as inheritance, while community property is regarded to as property acquired or accumulated during their lifetime.

In the case where both parents die and the property they had is left to their children as their heirs, then the law states that the property is shared among the children according to how the will dictates. If the will states the each child should get an equal share of the property, then the instructions are followed to the letter in order to avoid conflict or a bad omen befalling to the family.

Steps of securing the three legal documents

>Determine the type of power of attorney you need

>Be aware of the risks involved in the type of legal document you chose

>Write it down stating the reasons of choosing the document and what is covered in it

>Clarify all the assets and liabilities

>See an attorney for thorough scrutiny of the legal document and verification

>Gather witnesses for purposes of signing

What needs to be placed in a last will and testament to make the process easier on family members left behind?

Specification of the property is very crucial in a last will and testament in order to direct the family members and also avoid unnecessary conflicts in the family. For instance the will should have well spelt out instructions of how each property should be handled and by whom in order to avoid speculations.

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Reference

Clofine, Robert. THE DIFFERENCE BETWEEN A DURABLE POWER OF ATTORNEY AND A REGULAR ONE. Pennsylvania, 1996.