Legal Question in Wills and Trusts in Texas
Dual Power of Attorney....Texas
My parents are both in the nursing home and trying to, at some time, get on medicaid. My question is.....Can there be a dual power of attorney with both people together making any necessary decisions? Is this legal in Texas?
2 Answers from Attorneys
Re: Dual Power of Attorney....Texas
Yes there can be a dual power of attorney in Texas.
You want to be careful in drafting this power to
make sure that the power does what you want. You
may want both agents working together always and
have both signautres before anything can be done
under the power.
On the other hand, you may want either agent to be
able to effect the powers of the power of attorney
and therefore to act without the consent of the
other.
Re: Dual Power of Attorney....Texas
Legal, yes. But not very practical. Discuss what really happens with your attorney. You may want to discuss qualifying for Medicaid before you spend all your parents money. You might get to keep some of their money or property, or both.
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