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Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative's power would remain valid even if the principal becomes incapacitated.
Basically, in Texas, the power of attorney document is only viable when that person is alive. With all this being said, you or another person are still going to have to be able to handle that person's affairs and his state after their death.
Once an LPA has been validly executed, it will last indefinitely unless revoked by the donor, the attorney, the Court of Protection or by operation of law.
A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.
You can make a power of attorney document yourself for free or have a lawyer do it. To make a power of attorney yourself, you can either: download and complete this free kit. order a print copy of the free kit online from Publications Ontario or by phone at 1-800-668-9938 or 416-326-5300.