A power of attorney(POA) is a legal document that grants one person (the “agent” or “attorney-in-fact”) the authority to act on behalf of another person (the “principal”) in connection with personal injury matters.
A power of attorney can be used to give the agent the authority to make decisions related to the principal’s personal injury case, such as negotiating with insurance companies, hiring attorneys, and settling claims. The power of attorney can be broad or limited in scope, depending on the specific terms of the document.
It is important to note that a power of attorney must be executed properly in accordance with Texas law in order to be legally valid. This typically involves signing the document in front of a notary public or other authorized witness.
Additionally, Texas law requires that any agreement to settle a personal injury claim must be in writing and signed by the injured person or their legal representative. Therefore, if an agent is acting on behalf of a principal in a personal injury matter, any settlement agreement must be signed by the agent as the legal representative of the injured person.
When Power of Attorney is Necessary:
In a personal injury case, a power of attorney may be necessary if the injured person is unable to make decisions or take action on their own behalf due to injury, illness, or other incapacitation. In such cases, the injured person may grant someone else a POA to act on their behalf in connection with the personal injury matter.
For example, if the injured person is in a coma or otherwise unable to communicate, a power of attorney may be necessary to authorize someone else to make medical decisions on their behalf, negotiate with insurance companies, hire attorneys, and settle claims. The power of attorney can be broad or limited in scope, depending on the specific needs of the injured person.
Any agreement to settle a personal injury claim must be in writing and signed by the injured person or their legal representative. Therefore, if an agent is acting on behalf of a principal in a personal injury matter, any settlement agreement must be signed by the agent as the legal representative of the injured person.
