Power of Attorney is a legal appointment given by someone, referred to as "Principal", to another person to make decisions on the Principal's behalf. The appointed person is called the "Agent" or "Attorney-in-fact". The Principal is able to make decisions and the Agent has to follow the Principal's directions. If the Principal should become incapacitated and unable to make decisions on his or her own, a Durable Power of Attorney allows the Agent to continue making decisions that would benefit the Principal on the Principal's behalf.
The Power of Attorney or Durable Power of Attorney terminates upon the death of the Principal.
Unless a person has put down in writing their desire to be cremated, and had their signature witnessed and notarized, the following persons, in the priority listed, have the right to control the disposition, including cremation.
- The person designated in an official appointment of agent in accordance with section 711.002 of the Health & Safety Code of the State of Texas. A Power of Attorney is not acceptable. If there is an Appointment of Agent to Control, please attach a copy and be sure to check off paragraph 2 of our supplemental form.
- The decedent's surviving spouse. A Power of Attorney is not acceptable.
- The decedent's adult children. A Power of Attorney is not acceptable.
- The decedent's parents. A Power of Attorney is not acceptable.
- The decedent's adult siblings. A Power of Attorney is not acceptable.
- Any adult person who is next in the degree of kinship in the order listed by law. A Power of Attorney is not acceptable.
- If you are unable to locate a blood relative, be sure to fill out, initial and sign paragraph 1 of our supplemental form.
- If there are no surviving blood relatives or an appointed agent, the person who does sign must check off, initial and sign paragraph 3 of our supplemental form.