Free Texas Power of Attorney Forms
Texas Power of Attorney by Type
A power of attorney is not restricted to one general type of document. There are POA documents that grant authority to make specific decisions on the principal’s behalf.
In Texas, there are power of attorney forms that grant an agent the right to make financial decisions and another type of POA that takes care of medical preferences.
Depending on your preferences and circumstances, it may be beneficial for you to draft one type of power of attorney over the other. First, you should review each specific POA form and what type of power it grants.
Review the different types of POA forms that you can create below.
General Power of Attorney
By using a general power of attorney in Texas, you can grant an agent the authority to make financial decisions in your name.
A general power of attorney’s authority will end if the principal becomes mentally incompetent or incapacitated in any way. It may also be revoked or end when the expiration date arrives.
Durable Power of Authority
For an agent to overcome some of the limits that a general POA presents, a durable power of attorney should be used.
By creating a durable power of attorney, the agent’s authority to make financial decisions will not end with the principal’s death or incapacitation (§ 751.0021).
Medical Power of Authority
Using a power of attorney is not only limited to an agent making financial decisions. It’s possible to create a medical power of attorney (MPOA).
By using an MPOA, you can assign an agent to carry out medical decisions in your best interest.
It’s critical to select an agent that you completely trust with deciding which end-of-life treatments you will receive.
How to Get a Power of Attorney in Texas
Anyone over the age of 18 can obtain a power of attorney in the state of Texas.
The POA’s format must follow all state guidelines and then be signed by both the agent and the principal to make the document official.
It’s essential to follow all state signing requirements for each type of document to correctly put it into effect and ensure the document is legally valid.
You can easily create your own general, durable, or medical power of attorney document by using an online template that follows every state guideline.
Texas Power of Attorney Laws
Power of Attorney laws in Texas are found in various acts and codes. The Texas Health and Safety Code contains all laws regarding requirements to create and use a medical power of attorney.
The Texas Estates Code sets the guidelines for how a durable power of attorney may be put into effect.
Each code defines what a POA or MPOA is and the signing requirements for each, such as:
- Power of attorney documents must contain the date of execution.
- Power of attorney forms must be signed by the principal who is at least 18 years of age. If the principal cannot sign, another individual of legal age may sign the document, but only when they have specific instructions from the principal.
- In the case of a general or durable POA in Texas, the document must be acknowledged by a notary public (§ 752.051). A medical POA may be signed in front of a notary or two witnesses.
Once all of these conditions are met, and the document is signed, the Texas POA will be put into effect. The agent will have the authority to make financial or medical decisions until the end date or the principal’s incapacitation (if a durable POA was not created).
FAQs About Texas Power of Attorney Forms
You may still have concerns or questions about how a Texas power of attorney works or how to create one.
To clear up any doubts, we have answered some of the most common questions below.