General Power of Attorney
Being given a General Power of Attorney, allows that person to conduct ANY and ALL buisness matters for that particular individual correct ….? Does this Power of Attorney required to filed at the local County Courthouse where the buisness matters are being conducted ……? and one more.. if the person releasing the General Power of Attorney ”Passes On” does the Power of Attorney contine or is it void…. no longer warranted…..?????
THANKS;
Re: General Power of Attorney
The general power of attorney allows you to conduct business on behalf of the power grantor. The power may be limited in the document itself (and you can’t use it to write a will.) Although not a legal requirement, some businesses (title companies, banks, etc) will require you to file this in the county of record. Finally, the power dies with the grantor.
David Leon
David L. Leon, P.C.
3500 Oak Lawn Ave., Ste. 205
Dallas, TX 75219
Re: General Power of Attorney
QUESTION: Does this Power of Attorney have to be filed at the local County Courthouse where the buisness matters are being conducted?
ANSWER: As a general rule “No.” However, if real property is conveyed under the power of attorney, a title company will require it to be recorded in order to connect up the chain of title. Therefore, the power of attorney should be notarized (jurat or acknowledgment) before the clerk will be allowed to record it.
QUESTION: If the person granting the General Power of Attorney “Passes On” does the Power of Attorney contine?
ANSWER: No, the power of attorney “Passes On” also.
Charles White
Charles G. White
500 S. Taylor, Suite 505, LB 201
Amarillo, TX 79101
Re: General Power of Attorney
A general POA usually allows the attorney in fact to conduct all business, unless so limited in the POA. Recall, though, that the AIF is under a fiduciary duty to the maker of the POA, and that is the highest standard of rectitude and fair dealing.
Peter Bradie
Bradie, Bradie & Bradie
6606 FM 1488, Suite 148-363
Magnolia, TX 77354-2544