A Texas durable power of attorney form appoints an agent to represent the financial interests of another person. Decisions made by the agent have the same legal weight as if the principal made them personally. This designation remains effective until the principal’s demise unless specifically revoked. Selecting a trustworthy agent, such as a spouse, family member, or close friend.
Texas power of attorney forms can be made durable by including the following statements or similar language:
- “This power of attorney is not affected by subsequent disability or incapacity of the principal.”
- “This power of attorney becomes effective on the disability or incapacity of the principal.”
“Durable” Definition
Laws
Relevant Laws: Texas Estates Code §§ 751.001 — 751.251 and 752.001 — 752.115 (Durable Power of Attorney Act and Statutory Durable Power of Attorney).
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity[lt_source=”1″]
Power of Attorney Definition
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.[lt_source=”2″]
- Presumed Durable: No, unless created in a state other than Texas that does guess durability (§ 751.0021(a)(3)).
- Signing: Signature required. Witnesses are not required. (§ 751.0021).
- Notarization: The signature of the principal must be completed in front of a notary public or other official authorized to take oaths (§ 751.0021(a)(4)).
- Statutory Form: Yes (§ 752.051).
