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Follow these instructions for your Durable Financial Power of Attorney ("DFPA") to be legally valid.
Initial
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You must indicate which powers you have chosen to grant your agent by following these
directions. If you fail to do so, your DFPA will not be effective.
Find the section of your DFPA that lists several powers, labelled (A) through (O). These are
the standard powers that can be granted to agents in Texas. There are two possibilities:
If you have chosen to grant your agent all of the standard powers listed in this section,
there will be an “X” next to the blank line in front of item “(O).” If so, using a pen
with blue ink, write your initials on that blank line. Leave the other lines in this section
blank.
OR
If you have chosen to grant your agent fewer than all of the standard powers listed in
this section, there will instead be an “X” next to the blank line in front of each of the
powers you have granted. Using a pen with blue ink, write your initials on each blank
line that has been marked with an “X.”
Note - It is important to use a pen with blue ink so that it will be easy to distinguish originals
of your DFPA from copies.
Now that you have completed your DFPA, read through it fully and carefully, and make sure
you understand everything.
If there’s anything you feel like you don’t understand after reading the entire document, please
be sure to speak with a lawyer.
Your document may use different terms than what you saw when completing the FreeWill
questionnaire. For example, your agent may be referred to as an “attorney-in-fact,” and your DFPA
may be referred to as a “Durable Power of Attorney.” This is because of differences in the language
used under the laws of your State.
Relatedly, your DFPA may mention powers that you were not asked about when you went through the
FreeWill questionnaire. Those powers were omitted from our questionnaire because they grant agents
especially broad control over a principal’s assets and may be difficult to properly evaluate without legal
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counsel. If you are interested in granting your agent any such powers, we recommend you speak with
an attorney.
Discuss
If you haven’t already spoken with your agent about (i) your decision to select them as an
agent, (ii) your expectations for how they will exercise their powers, and (iii) any
compensation you have provided for them in your DFPA, you may wish to do so now.
Depending on the powers you have granted, some additional topics you may want to discuss
with your agent include:
The standard of living to which you and your family are accustomed;
How you would like your pets cared for;
Your wishes regarding any particularly sentimental property;
Your future plans for any businesses you own, such as whether you’d like the
business to continue in the event you become incapacitated;
How you would like your digital assets to be managed; and
How you want your agent to exercise any gift-making power you’ve granted.
It’s also a good idea to provide your agent with a list of your property and assets.
Sign & Notarize
Find 1 witness and a notary.
Your witness must be someone other than the notary, and must not be any of the following:
Younger than 18;
A person named as an agent, co-agent or successor agent in the DFPA;
Related by blood, marriage or adoption to someone named as an agent, co-agent or
successor agent in the DFPA;
Related to you by blood, marriage or adoption;
Entitled to inherit a portion of your estate by your will or trust;
Someone named in the DFPA as a permissible recipient of gifts or who otherwise
stands to benefit from the document;
Someone that provides you with healthcare services; OR
The owner, operator, or employee of a healthcare facility or retirement home that you
reside in.
NOTE - the rules for prohibited witnesses for your specific state may be less
restrictive than what is set forth above. If you are familiar with the execution
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formalities for DFPAs in your state, feel free to follow them instead.
While in the presence of your witness and notary, verbally acknowledge that this is your
DFPA. For example, you could say, “This is my Durable Financial Power of Attorney that I
am signing, and it reflects the authority I have granted my agent(s) to act on my behalf as
necessary.” Then:
Sign and date the document yourself where indicated;
Have your witness sign and date where indicated; and
Ask the notary to complete the notarial acknowledgment.
Give
Your agent or agents will need to have an original, signed and notarized copy of your DFPA in
order to act on your behalf.
If your agent will begin acting on your behalf right away, give them the signed original after it
is executed.
If you have appointed co-agents, then give the original to one of them - they will have
to work out between themselves the best way to prove their authority to others.
If you’ve asked your agent not to act on your behalf unless/until you become incapable of
managing your own affairs, you could also keep the document yourself, in a safe place, until
your agent needs it.
Make sure your agent knows where the document will be kept, which should be a
secure place that your agent can access without actually exercising the DFPA. This is
because the proof of your agent’s authority is the DFPA document; if the document is
kept somewhere that the agent needs its authority to access -- such as a safe deposit
box -- they may be unable to access it!
Distribute to Third Parties
If your agent ever needs to act on your behalf, they may need to convince third parties that the
DFPA is genuine. An optional step that could make things easier for your agent later is for you
to distribute copies of the executed document to the people and institutions you expect your
agent may need to work with. Depending on the powers you have granted your agent, this
could include your bank, your stock broker, or your business partners.
Keep a list of any people and institutions to whom you have given a copy of your DFPA. This
is so that if you ever decide to revoke your DFPA, you know who you will have to notify of
the revocation.
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Update
It is a good idea to update your DFPA every five years or so. Although the document does not
lose validity over time, it may become harder with the passage of time for your agent to
convince third parties that it remains in effect. Having a more recently executed instrument may
make things easier, even if the only thing you change when updating it is the date of execution.
In addition, if you marry, divorce, have children or go through other major life changes, you
may wish to review your DFPA to make sure it still reflects your wishes.
Also note that in many states, a DFPA in which the principal’s spouse is named as an
agent will become invalid upon the couple’s divorce.
If you decide to make a new DFPA, destroy this version and all copies, notify all impacted
parties, and make a new DFPA, using either www.freewill.com or an attorney.
DISCLAIMER: FREEWILL IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL
ADVICE. WHILE FREEWILL STRIVES TO ENSURE THAT ITS AUTOMATED
SERVICES ARE COMPLETE, THEY ARE MEANT PURELY AS SELF-HELP FORMS.
WE CANNOT TELL YOU WHETHER A FORM IS APPROPRIATE FOR YOUR
PERSONAL CIRCUMSTANCES AND NEEDS. THE MATERIALS AND SERVICES WE
OFFER ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY.
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STATUTORY DURABLE POWER OF
ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P,
TITLE 2, ESTATES CODE.
IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL
ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND
OTHER HEALTH-CARE DECISIONS FOR YOU.
YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. IF
YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN
DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY
YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally
the agent’s authority will continue until:
(1) you die or revoke the power of attorney;
(2) your agent resigns, is removed by court order, or is unable to act for you; or
(3) a guardian is appointed for your estate.
I, Lawrence Gus Weidemann, of 9600 braes bayou dr, 33, Houston, TX 77074, appoint Haylie A
Schober, of 9600 braes bayou dr, 33, Houston, TX 77074, as my agent to act for me in any lawful way
with respect to all of the following powers that I have initialed below. (YOU MAY APPOINT COAGENTS. UNLESS YOU PROVIDE OTHERWISE, CO-AGENTS MAY ACT INDEPENDENTLY).
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (O) AND
IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH (N). TO
GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE
GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU
MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
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______ (A) Real property transactions
x_____ (B) Tangible personal property transactions
x_____ (C) Stock and bond transactions
x_____ (D) Commodity and option transactions
x_____ (E) Banking and other financial institution transactions
x_____ (F) Business operating transactions
x_____ (G) Insurance and annuity transactions
x_____ (H) Estate, trust and other beneficiary transactions
x_____ (I) Claims and litigation
x_____ (J) Personal and family maintenance
x_____ (K) Benefits from social security, Medicare, Medicaid, or other governmental programs or civil
or military service
x_____ (L) Retirement plan transactions
x_____ (M) Tax matters
x_____ (N) Digital assets and the content of an electronic communication.
______ (O) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO NOT HAVE TO
INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (O).
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following acts for me UNLESS I have INITIALED the specific
authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that could
significantly reduce your property or change how your property is distributed at your death. INITIAL
ONLY the specific authority you WANT to give your agent. If you DO NOT want to grant your agent
one or more of the following powers, you may also CROSS OUT a power you DO NOT want to
grant.)
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______ (A) Create, amend, revoke, or terminate an inter vivos trust;
x_____ (B) Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney
Act (Tex. Est. Code § 751.032);
______ (C) Create or change rights of survivorship;
______ (D) Create or change a beneficiary designation;
x_____ (E) Authorize another person to exercise the authority granted under this power of attorney.
SPECIAL INSTRUCTIONS
Special instructions applicable to agent compensation (initial in front of one of the following sentences
to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable
under the circumstances) :
______ My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to
compensation that is reasonable under the circumstances.
x_____ My agent is entitled to reimbursement for reasonable expenses incurred on my behalf but shall
receive no compensation for serving as my agent.
Special instructions applicable to co-agents (if you have appointed co-agents to act, initial in front of
one of the following sentences to have it apply; if no selection is made, each agent will be entitled to act
independently) :
______ Each of my co-agents may act independently for me.
______ My co-agents may act for me only if the co-agents act jointly.
______ My co-agents may act for me only if a majority of the co-agents act jointly.
Special instructions applicable to gifts (initial in front of the following sentence to have it apply) :
x_____ I grant my agent the power to apply my property to make gifts outright to or for the benefit of a
person, including by the exercise of a presently exercisable general power of appointment held by me,
except that the amount of a gift to an individual may not exceed the amount of annual exclusions
allowed from the federal gift tax for the calendar year of the gift.
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Notwithstanding anything to the contrary contained above or in § 751.032 of the Durable Power of
Attorney Act, my agent’s power to apply my property to make gifts shall be subject to the following
parameters and special instructions:
My agent, Haylie A Schober, may make gifts of my property to (or for the benefit of) themself,
provided that any such gifts are not worth more than a total of $4,000.00 in any calendar year.
The foregoing permitted gift recipients specifically named in these special instructions are the
only donees to whom (or for the benefit of whom) my agent is authorized to make gifts of my
property.
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR
EXTENDING THE POWERS GRANTED TO YOUR AGENT.
My agent may disclaim, refuse or release a beneficial interest of mine in property, including a power of
appointment.
My agent shall have authority to exercise any fiduciary powers that I currently hold or shall come to
hold and that I have authority to delegate, including, without limitation, the power to (i) apply for and
procure, in my name, letters of administration, letters testamentary, letters of guardianship, or any other
type of judicial or administrative authority to act as a fiduciary; (ii) represent and act for me in all ways
and matters affecting a fund with respect to which I am a fiduciary; and (iii) initiate, participate in and
oppose a proceeding for the removal or substitution of a fiduciary, conserve, invest or disburse
anything received for the purposes of the fund for which it is received, and reimburse my agent for
expenditures properly made by my agent in the execution of powers conferred on my agent.
My agent may transfer ownership of any property over which they have authority pursuant to this
document to the trustee of a revocable inter vivos trust I have created as settlor. Such property may
include, without limitation, real property, stocks, bonds, insurance contracts, and accounts with banks
and other financial institutions.
If it becomes necessary for a court to appoint a guardian of my person, I nominate the following person
for appointment:
Name of nominee: Haylie Schober
Nominee's address: 9600 braes bayou dr, 33, Houston, TX 77074
Nominee's telephone number: (832) 925-9221
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Furthermore, I waive any requirement that Haylie Schober furnish surety or post a bond.
UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS EFFECTIVE
IMMEDIATELY AND WILL CONTINUE UNTIL IT TERMINATES.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
ALTERNATIVE NOT CHOSEN:
(A) This power of attorney is not affected by my subsequent disability or incapacity.
(B) This power of attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO
BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE
ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power
of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a
physician certifies in writing at a date later than the date this power of attorney is executed that, based
on the physician’s medical examination of me, I am mentally incapable of managing my financial
affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental
condition to another person for purposes of this power of attorney. A third party who accepts this
power of attorney is fully protected from any action taken under this power of attorney that is based on
the determination made by a physician of my disability or incapacity.
I agree that any third party who receives a copy of this document may act under it. Termination of the
durable power of attorney is not effective as to a third party until the third party has actual knowledge
of the termination. I agree to indemnify the third party for any claims that arise against the third party
because of reliance on this power of attorney. The meaning and effect of this durable power of attorney
is determined by Texas law.
If any agent named by me dies, become legally disabled, resigns, refuses to act, is removed by court
order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or
annulment or is declared void by a court (unless I provided in this document that the dissolution or
declaration does not terminate the agent’s authority to act under this power of attorney), I name the
following (each to act alone and successively, in the order named) as successor(s) to that agent:
N/A
[ Remainder of Page Intentionally Left Blank ]
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Signed this ______ day of ______________________________, 20__________.
____________________________________________
Lawrence Gus Weidemann, Principal
STATE OF TEXAS
)
) ss.
COUNTY OF _________________________ )
This document was acknowledged before me on the _____ day of
_____________________________, _____________________, by Lawrence Gus Weidemann.
________________________________________________________
Notary Public, State of Texas
My Commission Expires: ____________________________________
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SIGNATURE
I, Lawrence Gus Weidemann, have told the person listed below as “Witness” that this is my durable
power of attorney, and asked this person to serve as my witness. I have further explained that I
understand the importance of the powers I delegate to my agent (attorney-in-fact) in this document, that
I recognize these powers will become effective as soon as I sign this document and continue
indefinitely unless I revoke this durable power of attorney or in accordance with applicable law, and
that I am executing this document willingly, as a free and voluntary act.
In Witness Whereof, I have hereunto signed my name this _____ day of ___________________,
________.
SIGNATURE OF PRINCIPAL
Statutory Durable Power of Attorney of Lawrence Gus Weidemann
DATE
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WITNESS
I declare under penalty of perjury under the laws of the State of Texas that the following is true and
correct:
1. On the date written below the principal of this durable power of attorney declared to me that this
instrument was the principal’s durable power of attorney and requested me to act as witness to its
execution;
2. This durable power of attorney consists of 11 pages, including the witness signature page;
3. I understand this is the principal’s durable power of attorney;
4. The principal signed this durable power of attorney in my presence;
5. I now, at the principal’s request, and in the principal’s presence, sign below as witness;
6. I believe the principal is of sound mind and memory;
7. I believe that this durable power of attorney was not procured by duress, menace, fraud or undue
influence;
8. I believe the principal is age 18 or older;
9. I am now age 18 or older, am a competent witness, and reside at the address set forth after my
name; and
10. I am not an individual appointed as an agent or successor agent in this instrument.
NAME OF WITNESS (print)
SIGNATURE OF WITNESS
ADDRESS OF WITNESS
DATE
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This document was prepared by:
Lawrence Gus Weidemann
9600 braes bayou dr, 33, Houston, TX 77074
IMPORTANT INFORMATION FOR AGENT
Agent’s Duties
When you accept the authority granted under this power of attorney, you establish a “fiduciary”
relationship with the principal. This is a special legal relationship that imposes on you legal duties that
continue until you resign or the power of attorney is terminated, suspended, or revoked by the principal
or by operation of law. A fiduciary duty generally includes the duty to:
(1) act in good faith;
(2) do nothing beyond the authority granted in this power of attorney;
(3) act loyally for the principal’s benefit;
(4) avoid conflicts that would impair your ability to act in the principal’s best interest; and
(5) disclose your identity as an agent or attorney in fact when you act for the principal by writing or
printing the name of the principal and signing your own name as “agent” in the following manner:
[Principal’s Name] by [Your Signature] as Agent
In addition, the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code) requires you to:
(1) maintain records of each action taken or decision made on behalf of the principal;
(2) maintain all records until delivered to the principal, released by the principal, or discharged by a
court; and
(3) if requested by the principal, provide an accounting to the principal that, unless otherwise directed
by the principal or otherwise provided in the Special Instructions, must include:
(A) the property belonging to the principal that has come to your knowledge or into your
possession;
(B) each action taken or decision made by you as agent;
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(C) a complete account of receipts, disbursements, and other actions of you as agent that includes
the source and nature of each receipt, disbursement, or action, with receipts of principal and
income shown separately;
(D) a listing of all property over which you have exercised control that includes an adequate
description of each asset and the asset’s current value, if known to you;
(E) the cash balance on hand and the name and location of the depository at which the cash
balance is kept;
(F) each known liability;
(G) any other information and facts known to you as necessary for a full and definite
understanding of the exact condition of the property belonging to the principal; and
(H) all documentation regarding the principal’s property.
Termination of Agent’s Authority
You must stop acting on behalf of the principal if you learn of any event that terminates or suspends
this power of attorney or your authority under this power of attorney. An event that terminates this
power of attorney or your authority to act under this power of attorney includes:
(1) the principal’s death;
(2) the principal’s revocation of this power of attorney or your authority;
(3) the occurrence of a termination event stated in this power of attorney;
(4) if you are married to the principal, the dissolution of your marriage by court decree of divorce or
annulment or declaration that your marriage is void, unless otherwise provided in this power of
attorney;
(5) the appointment and qualification of a permanent guardian of the principal’s estate unless a court
order provides otherwise; or
(6) if ordered by a court, your removal as agent under this power of attorney. An event that suspends
this power of attorney or your authority to act under this power of attorney is the appointment and
qualification of a temporary guardian unless a court order provides otherwise.
Liability of Agent
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The authority granted to you under this power of attorney is specified in the Durable Power of
Attorney Act (Subtitle P, Title 2, Estates Code). If you violate the Durable Power of Attorney Act or
act beyond the authority granted, you may be liable for any damages caused by the violation or subject
to prosecution for misapplication of property by a fiduciary under Chapter 32 of the Texas Penal Code.
THE AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE
FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
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