Free Texas Durable Power of Attorney Forms
By using a power of attorney (POA) an individual can grant someone else (an agent) permission to make financial or healthcare decisions on their behalf. With a general power of attorney, the agent’s authority will end if the principal becomes incapacitated.
For an agent to remain with the power to make financial decisions in the event of the principal’s incapacitation, a durable power of attorney form must be created.
Texas Durable Power of Attorney Laws
Certain acts and codes in Texas determine what constitutes a power of attorney and how it can be used.
The Texas Estates Code covers how a durable power of attorney can be put into effect and used correctly.
- Durable power of attorney general provisions: By using the phrase “this power of attorney is not affected by subsequent disability or incapacity of the principal” found in the Estates Code (§ 751.0021), an agent will continue to have authority in the event of the principal’s incapacitation.
- Durable power of attorney signing requirements: According to the Texas Estates Code (§ 752.051), a durable power of attorney must be acknowledged by a notary. The section states “...is acknowledged by the principal or another adult directed by the principal as authorized by Subdivision (2) before an officer authorized”
Signing Requirements in Texas
States have their own requirements concerning** how to sign a legal form and put it into effect**.
To guarantee your durable power of attorney will be considered legally valid in Texas, you must follow the state’s signing requirements.
In Texas, it's necessary to sign a durable POA in front of a notary public(§ 752.051(4)).
How to Write a Durable POA in Texas
To ensure your agent will continue to have authority if you become mentally incompetent or incapacitated in any way, it’s essential to include all the details in your legal form correctly.
Follow the steps below to write your Texas durable power of attorney.
Download a Durable POA Template
You can easily create a durable power of attorney form by using a printable template.
A template will help guide you through the writing process and allow you to avoid over-the-top legal fees.
List Your Agent and Alternate Agent
Once you have selected an agent you can fully trust, you must** list them correctly** in your durable POA.
An agent will typically be a:
- Spouse
- Close friend
- Close relative
When you create your durable POA document, you first need to include your name and address, along with the name and address of your appointed agent.
You can also name an alternate agent in the event your primary agent is unable to fulfill their duty or does not want the responsibility in the future.
Specify the Powers Your Agent Will Have
You are able to choose the financial decisions your agent will be able to make.
You can grant your agent authority to make every type of financial decision, or you can select only a few.
If you decide to grant the agent a lot of power, they should also be a beneficiary. That way, they are more likely to be careful with decisions regarding your finances.
Add Signatures and Notary Acknowledgement
For a durable power of attorney to be considered legally valid in Texas, the signatures of both the principal and agent must be added.
You and the agent must both sign and date the durable power of attorney.
Once that is done, a notary public must sign the document as well.