Adult child meeting with aging parents to discuss power of attorney planning in Abilene, Texas

Is it Too Late to Get a Power of Attorney?

Many Abilene families don’t think about a power of attorney until a crisis happens - a hospitalization, a dementia diagnosis, or a sudden decline in memory. By that point, time may already be working against you.

Here’s the reality: it becomes too late to create a power of attorney once a parent no longer has the mental capacity to understand and sign the document.

Under Texas law, a power of attorney must be signed while your parent can understand what they’re agreeing to and the authority they are giving someone else. If capacity has already been lost due to Alzheimer’s, stroke, or serious illness, a POA can no longer be created - even by close family members.

When that happens, families in Abilene and Taylor County are often forced to pursue court-supervised guardianship, which can be expensive, time-consuming, and emotionally stressful.

Attorney Sydney Key says the best time to act is before an emergency, while your parents are still mentally capable - even if they don’t need help yet.

šŸ‘‰ Learn more about when it’s too late to seek a power of attorney and what options may still exist by reading our full guide.

If you're needing to setup a power of attorney for your folks, please call today (325) 309-2127.