Site Header – The Longhorn Law Firm
Available 24/7
★ Work with Attorneys Licensed in TX & NM
★ No Fee Unless We Win
EN ES
Powers of Attorney & Advance Directives in Texas & New Mexico | The Longhorn Law Firm
Estate Planning · Powers of Attorney & Directives

If you can't decide, who will?

An accident or illness can leave anyone unable to sign a check or talk to a doctor. Powers of attorney and health-care directives let someone you trust step in — without asking a court for a guardianship.

Flat-Fee Wills & Powers of Attorney
Texas & New Mexico
Bilingual Staff · Hablamos Español
First Consultation Hour Free

Why these documents matter.

If you become incapacitated without these documents, your family may have to ask a court to appoint a guardian before anyone can manage your finances — and, in some cases, make medical decisions for you. Guardianship is public, slow, and expensive, and the court, not you, decides who serves. As a firm that represents people after serious accidents, we see families face this at the worst possible moment.

The three core documents.

Durable power of attorney

Names an agent to handle money and property — paying bills, managing accounts, real estate, and taxes — and keeps working if you become incapacitated.

Medical (health-care) power of attorney

Names the person who makes medical decisions for you when you can't make them yourself.

Living will

Records your own instructions about life-sustaining treatment, so your agent and your doctors know what you want.

How they differ by state.

TexasNew Mexico
Financial power of attorneyStatutory Durable Power of Attorney (Tex. Est. Code ch. 752), signed before a notaryGoverned by the Uniform Power of Attorney Act; durable unless it says otherwise. Signing before a notary is strongly recommended — a notarized signature is presumed genuine.
Medical decision-makerMedical Power of Attorney (Tex. Health & Safety Code § 166.164), signed before two qualified witnesses or a notaryPart 1 of the Advance Health-Care Directive (NMSA § 24-7A-4); witnesses are optional
Living willDirective to Physicians and Family or Surrogates (§ 166.033), signed before two qualified witnesses or a notaryPart 2 of the same Advance Health-Care Directive

Choosing your agent.

  • Pick someone you trust completely — an agent under a financial power of attorney can act with your money.
  • Name at least one alternate in case your first choice can't serve.
  • Talk with your health-care agent about your wishes before they ever need to act.
  • Give copies to your agent and your doctor, and keep the originals where they can be found.

Also worth considering.

HIPAA authorization

Lets the people you choose get information from your doctors and insurers.

Declaration of Guardian (Texas)

Names — or excludes — the person who would serve as your guardian if one is ever needed.

Mental health directives

Both states allow a separate directive for mental health treatment decisions.

Review after a move

Documents valid where signed are generally honored, but banks, title companies, and hospitals prefer their own state's forms.

Flat-fee pricing.

Texas

Jeff Barnett, Of Counsel (Texas Practice) · Austin
Will$600
Statutory Durable Power of Attorney$150
Medical Power of Attorney$150
Directive to Physicians (Living Will)$100
TrustsQuoted after consultation

New Mexico

Shawn Barnett, Managing Attorney · Albuquerque
Will$600
Durable Power of Attorney$150
Health-Care Power of Attorney
Part 1 of the NM Advance Health-Care Directive
$150
Living Will / Treatment Instructions
Part 2 of the NM Advance Health-Care Directive
$100
TrustsQuoted after consultation

Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.

Common questions.

How much does a power of attorney cost?+
A durable (financial) power of attorney is $150 and a medical power of attorney is $150. A living will is $100. In New Mexico, the medical power of attorney and the living will are Parts 1 and 2 of one Advance Health-Care Directive, priced the same way.
When does a power of attorney take effect?+
It can take effect immediately, or only if you become incapacitated (a "springing" power). Many people choose immediate effect because proving incapacity can cause delays — but it's your choice.
Doesn't my spouse automatically have power of attorney?+
Not for everything. Marriage gives your spouse certain rights over community property, but not authority to act for you on your separate accounts, retirement plans, or many other transactions — and banks and medical providers often ask for documents. Each spouse should sign their own.
Can I revoke a power of attorney?+
Yes. As long as you have capacity, you can revoke a power of attorney or health-care directive, usually in writing — and you should notify your agent and anyone relying on it.
Are my documents valid if I move between Texas and New Mexico?+
Generally, documents valid where they were signed are honored. But institutions are often more comfortable with their own state's forms, so a move is a good time to update.

Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.

Name the people you trust.

Call or text to schedule. Flat fees: $150 for a durable or medical power of attorney, $100 for a living will. Help in English or Spanish.