Irving, TX asked in Elder Law for Texas

Q: Will I still need P.O.A before the ladybird deed or will either of them work? Do they need to be submitted thru court?

Can the forms be notarized or will they both be submitted through courts?

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: These documents serve entirely different functions.

A Durable Power of Attorney shares authority over the property of the person who signs it while she is alive. Both her signature and that of her agent must be notarized. If it is to affect real property, it must be recorded in the county deed records.

A General Warranty Deed Reserving an Extended Life Estate (a/k/a "Lady Bird Deed") passes title to real property free of probate and so, in Texas, free of Medicaid Estate Recovery (Medicaid is a loan). It must be notarized and recorded in the county deed records. If the owner is applying for Medicaid, it must also be submitted for review to the regional attorney at the Texas Department of Health and Human Services.

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