Alvin, TX asked in Estate Planning for Texas

Q: Can we un-staple "Durable Power of Attorney" "Directive to Physician", "Medical Power of Attorney" for photo copying?

I got the "Statutory Durable Power of Attorney" "Directive to Physician", and "Medical Power of Attorney" documents done today. When I asked for additional copies, the secretary unstapled the documents and made copies. Is this acceptable? I was told it is fine for other documents to be unstapled but not for will. Hence, want to confirm the same.

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1 Lawyer Answer
Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
Answered
  • Estate Planning Lawyer
  • Allen, TX
  • Licensed in Texas

A: Yes everything but the Will. In Texas the Probate Court clerk is supposed to review the Will and make notes when filed if staples appear to have been replaced, etc. As for the Durable Power of Attorney, Medical Power of Attorney and Healthcare Directive these documents are commonly unstapled and copied. I generally provide my client a copy of all on a flash drive just so they can hit print and get a copy or email a copy. Feel free to remove staples from those documents.

John Michael Frick agrees with this answer

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