The statement above is of great importance to Texas Courts, as you or your Agent may be asked to prove your ability to establish a Durable Power of Attorney, because it remains in effect even if you are disabled or incapacitated. In re Estate of Vackar, 345 S.W.3d 588 (Tex. App. 2011), the Court reviewed challenges against the Principal’s capability to grant a Power of Attorney after he suffered a spinal injury. The statement above clarifies how a physician may determine that you are disabled or incapacitated to a degree that you are unable to make decisions for yourself.
Third Party Rights and Indemnification.
I agree that any third party who receives a copy of this document may act under it. Termination of this 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 Power of Attorney is determined by Texas Law.
If any agent named by me dies, becomes incapacitated, resigns, or refuses to act, or 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 declaired void by a court (unless I provided in this document that the dissolution or declaration does not terminated the agen’t 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: