Jackson, Landrith & Kulesz

Power of Attorney

Power of Attorney in Arlington

Protecting Your Affairs Before You Need It Most

A power of attorney (POA) is a legal document in which one person, called the principal, authorizes another person, called the agent or attorney-in-fact, to make legally binding decisions on the principal’s behalf. The core question it answers is straightforward: if you couldn’t manage your finances or communicate your healthcare wishes tomorrow, who would act for you? The critical point is that a POA must be created while you still have legal capacity. Once incapacity occurs, the window to execute one closes.

Without a valid POA in place, your family may have no choice but to petition a court for a guardianship proceeding just to gain authority to pay your bills or make medical decisions. At Jackson, Landrith & Kulesz, we help Arlington residents work to avoid that outcome by drafting powers of attorney that are clear, properly executed, and coordinated with the rest of their estate plan. Our firm has served the Arlington and Fort Worth areas since 1973, and our attorneys communicate in five languages to serve a diverse local clientele.

Ready to put a plan in place? Call us at (817) 587-6452 to discuss your power of attorney needs with our Arlington estate planning team.

Types of Power of Attorney Under Texas Law

Texas law recognizes several forms of POA, and choosing the right one depends on what authority you need to grant and when you need it to apply.

General Power of Attorney

A general POA grants your agent broad authority over financial and legal matters. It’s useful for defined situations, but it terminates automatically if you become incapacitated, which is often exactly when you’d need it most.

Durable Power of Attorney

A durable power of attorney remains effective even after the principal becomes incapacitated. The Texas Estates Code provides a statutory durable POA form that can be customized to include or exclude specific powers and to define when the agent’s authority begins. For most Arlington residents focused on incapacity planning, a durable POA is the foundational document.

Medical Power of Attorney

A medical power of attorney authorizes your agent to make healthcare decisions when you’re unable to communicate them personally. It works alongside an advance directive to give healthcare providers clear guidance and give your agent the legal standing to act.

Limited or Special Power of Attorney

A limited POA grants authority for a single transaction or a specific time period, such as authorizing someone to sign real estate closing documents on your behalf. Once that purpose is fulfilled, the authority ends.

Texas Execution Requirements for a Valid Power of Attorney

A POA that isn’t properly executed under Texas law isn’t just technically deficient. It can be rejected by the very institutions you need it to work with. Texas requires that a power of attorney be signed by the principal and acknowledged before a notary public. A medical POA carries different requirements: under Texas Health & Safety Code § 166.154, it must be signed before two qualified witnesses or acknowledged before a notary public.

Financial institutions and healthcare providers may require the original document or a certified copy before honoring an agent’s authority. A document that doesn’t satisfy Texas Estates Code formalities can leave your agent without the standing they expected at exactly the moment when time matters most. We make sure every document we draft meets those requirements to support acceptance when it’s presented.

Power of Attorney vs. Guardianship in Arlington

When an Arlington resident becomes incapacitated without a valid durable POA, loved ones typically have to file for guardianship through Tarrant County courts. That process involves medical evaluations, court hearings, and ongoing reporting requirements. It takes time, can be costly, and throughout it, critical financial and medical decisions may be in limbo.

A valid durable power of attorney allows an agent to act without waiting for court approval, which can help families avoid that process in many situations. That said, a guardianship may still become necessary in some circumstances. If a POA’s scope is too narrow, if disputes arise about the agent’s actions, or if circumstances arise that the document didn’t anticipate, court involvement may still be required. The goal of a well-drafted POA is to reduce the likelihood of needing that path, not to suggest it never arises.

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Why Clients Choose Us

The Right Legal Team Makes All the Difference

Client-Focused and Responsive Representation

At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
Experienced Legal Advocacy Across Multiple Practice Areas
With 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
A Dedicated Team Ready to Fight for You
When legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
A Proven Track Record of Success

Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.

Why Arlington Residents Work with Jackson, Landrith & Kulesz

Our estate planning practice covers wills, trusts, probate, estate litigation, and powers of attorney, so clients can coordinate every document in their plan with one firm rather than managing multiple attorney relationships. When your POA, will, and advance directive are drafted together, there can be fewer gaps about who holds authority over finances versus healthcare decisions.

Experience & Peer Recognition

Our attorneys collectively bring over 100 years of combined legal experience. David Kulesz has been recognized by Super Lawyers, a Thomson Reuters rating service, since 2005. The firm holds an AV Preeminent rating from Martindale-Hubbell, a high peer-review rating. Rigien Jackson was named to Arlington’s 40 Under 40 Class of 2025.

Communication & Client Service

We communicate in five languages and commit to returning calls and emails promptly, keeping clients informed at every stage of their matter.

Talk to an Arlington Power of Attorney Attorney

Putting a power of attorney in place is one of the most practical steps you can take to protect yourself and the people who depend on you. We serve clients throughout Arlington and the surrounding Fort Worth area. Contact Jackson, Landrith & Kulesz at (817) 587-6452 to schedule a consultation and start building a plan that fits your needs.

When to Create or Update a Power of Attorney

There’s no single age at which a POA becomes necessary. Any adult who owns assets or could face a health event has reason to consider one, and the right time to create it is before you need it, because it can’t be executed after incapacity has already occurred.

Several life events signal it’s time to put a POA in place for the first time or review an existing one:

Common triggers to create or revisit a power of attorney:

Marriage or divorce
Birth of a child or grandchild
A significant change in health or a new diagnosis
Acquiring new assets or a significant change in financial circumstances
Your chosen agent is no longer available, willing, or the right person for the role

It’s also worth naming a successor agent in your POA so there’s a backup if your primary agent can’t serve when the time comes. Coordinating your POA with your will, trust, and advance directive can help close gaps that might otherwise leave family members uncertain about who has authority over what.

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"I highly recommend Virginia and the team at Jackson, Landrith & Kulesz to anyone looking for an experienced and trustworthy immigration attorney."
I am very thankful to Virginia and to Jackson, Landrith & Kulesz for their support throughout my husband’s green card process. Virginia handled our marriage-based case with exceptional care and expertise, guiding us clearly through each stage and

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After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

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He honestly cares about the needs of his client and what’s in the best interest of the kids. I feel so blessed. I am a single father and have custody of my children, thank you David Kulesz for believing that men can be great single parents too.

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Brent was very instrumental in my case and was particularly good at listening to my needs. Divorce is a very sensitive matter and requires someone that understands this and works hard toward a quick resolution. I fully recommend Brent for divorce cases.

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She was also willing to answer our questions at any time almost instantly, including late at night and on weekends. She also offered to help us prepare for the interview. The experience working with her was very pleasant and she is a trustworthy attorney!

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Virginia helped us navigate the process from start to finish, always being available, friendly, and efficient whenever we had questions.

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Virginia was incredibly responsive, knowledgeable, and all around great advisor when it came to filing and taking care of all of the documentation for us.

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