Types of power of attorney in Texas
Statutory Durable Power of Attorney (financial). Lets your agent handle money and property: banking, bills, investments, real estate, taxes and benefits. The official form is in Texas Estates Code § 752.051. You initial the powers you want to give, and can add special instructions.
Medical Power of Attorney. Lets your agent make healthcare decisions if your doctor certifies you can’t. Texas Health and Human Services publishes the form along with the Directive to Physicians (living will).
Limited or specific power of attorney. Gives authority for one task, such as selling a car or signing closing documents while you’re away. These are often drafted by the institution or lawyer handling the transaction.
How to complete the Statutory Durable Power of Attorney
- Download the official form from the link above.
- Choose your agent — someone you trust completely — and optionally a successor agent.
- Initial each power you want to grant (or initial the line that grants all of them). Strike through powers you don’t want to give.
- Add special instructions, such as limits on gifts or when the power takes effect.
- Sign before a notary. This is what makes the power durable.
- Record it with the county clerk if your agent might deal with real estate.
- Give copies to your agent and keep the original safe. Tell your bank and adviser it exists.
Choosing an agent
Your agent can, depending on the powers you grant, access your accounts and sign documents for you. Pick someone trustworthy, organised and willing to keep records. Agents have a legal duty to act in your best interests, keep your property separate from theirs and account for what they do.
When to see a lawyer
Talk to an estate planning attorney if you have significant assets, a business, property in more than one state, a blended family, or concerns that someone might challenge your decisions. Many Texas legal aid organisations help older adults with powers of attorney for free.
Not legal advice
This page is general information, last reviewed on the date shown above. Always use the current version of the official forms.
Frequently asked questions
Why don't you generate a power of attorney?
Texas law provides official statutory forms for both financial and medical powers of attorney, with specific signing requirements. A homemade version can be refused by banks or hospitals when it's needed most, so we point you to the official forms.
What is a durable power of attorney?
A power of attorney that keeps working if you become unable to make decisions yourself. In Texas, the Statutory Durable Power of Attorney form is durable unless it says otherwise.
Does a Texas power of attorney need to be notarised?
A durable financial power of attorney must be signed before a notary public to be durable. If it will be used for real estate, it must also be recorded with the county clerk.
How is a medical power of attorney different?
A medical power of attorney lets someone make healthcare decisions for you if you can't. Texas uses a separate statutory form, which must be signed before two qualified witnesses or a notary.
Can I revoke a power of attorney?
Yes, as long as you have capacity. Revoke it in writing, tell your agent and any institutions that have a copy, and record the revocation if the original was recorded.
Can I sign the official form with your Sign PDF tool?
You can fill and prepare the form, but because notarisation is required for a durable POA, the final signature must be made in front of a notary (in person, or online where Texas remote notarisation is available).
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