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Delinda60

Hello, my DH was recently diagnosed with EO dementia...he is 61 yrs old. We live in Texas and was wondering if anyone knows of the difference between a DPOA or a Statutory DPOA.

toolbeltexpert

I have never heard the term Statutory Dpoa. I may be trying to read between the lines but poa is different than a dpoa. The poa authority so to say ends when the person who gave the rights to someone else ends when they no longer capable. The dpoa doesn't end there it allows the"attorney in fact to continue to make the decisions that the document spells out. Many have language that details the hippa laws which is a life saver in the world today. I am far from the right person to be answering your question.

Here is a link to a site that may help answer your question.

https://www.legalzoom.com/articles/whats-the-difference-between-a-durable-and-a-regular-power-of-attorney

A member here named Crushed would be a better source of legal info.

And I bow to those who are in the field. It was on this site I saw the need for a dpoa while I was lurking years ago. Very sound advice.

towhee

Hi Delinda, I am not a lawyer either, but I think Statutory DPOA is the term given to the Texas state legislature written and approved DPOA form, but for legal purposes you should consult a lawyer. I found these links, they might help. https://guides.sll.texas.gov/powers-of-attorney/durable-powers-of-attorney 2044.pdf (tamu.edu) Apparently the second link is a copy of a presentation for real estate agents, so just ignore the first paragraph. It is dated 2016, so while the general info is good, you would need an update for specifics as laws can change.

tgeno

Definitely consult an attorney. I had a durable general power of attorney from my wife that took effect only when she would be declared incompetent. However, when she was diagnosed with early stage AZ and was still competent, we converted that DPOA to one that was effective immediately so that we would never have to go through the process of having her declared incompetent.

Crushed

Im a Maryland lawyer. In Maryland our law says that Banks etc. must accept a valid statutory power of attorney or they can be sued and required to accept it

Texas law is much loser and more complicated https://statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm

Delinda60

Thank you all for your comments and advice. I did find a statuary power of attorney form online that gives the option to choose if it ends when the person becomes incapacitated or continues in effect until death. However, from the links you all have supplied it looks like I will need to get an attorney and have them draw up a durable power of attorney for us.