Asked in Family Law, Elder Law and Estate Planning for Texas

Q: I am durable power of attorney for my father. Can I add my brother as a secondary POA in Texas?

My father has dementia and cannot make decisions. I would like to add my brother in the event something happened to me.

1 Lawyer Answer
Richard L. Shea
Richard L. Shea
  • Estate Planning Lawyer
  • The Woodlands, TX
  • Licensed in Texas

A: In most cases no, but the final outcome is determined by the language of the existing Power of Attorney document. Some versions will allow a currently acting Power of Attorney to do what you want, while others will not include that power. When in doubt, check with the attorney that drafted your current document.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.