In Texas, a durable power of attorney form gives someone (the “agent”) the legal authority to act on behalf of another person (the “principal”) in certain financial matters, even if the principal becomes incapacitated and unable to make their own decisions.
Sometimes called a general durable power of attorney, this form only gives your agent power over financial and business matters. To grant durable power over medical decisions, you need a Texas medical power of attorney (also called a healthcare power of attorney).
Unlike a durable power of attorney (DPOA), a non-durable power of attorney (POA) automatically loses its effectiveness if the principal becomes incapacitated.
Download a fillable Texas durable power of attorney form and learn how to prepare yours.
Texas Durable Power of Attorney Requirements
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”
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)
Presumed Durable: No, unless created in a state other than Texas that does presume durability (Texas Estates Code § 751.0021(a)(3))
Signing: Signature required. Witnesses not required. (Texas Estates Code § 751.0021)
Notarization: Signature of the principal must be completed in front of a notary public or other official authorized to take oaths (Texas Estates Code § 751.0021(a)(4))
Statutory Form: Yes (Texas Estates Code § 752.051)
The durable power of attorney template on this page includes all required language and complies with Texas DPOA laws and regulations.
Texas Durable Power of Attorney Form (PDF & Word)
Use our free Texas DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a Texas DPOA Form
Follow these steps to complete your durable power of attorney form for Texas:
Step 1: Designate an agent
Choose someone you trust to be your agent. It’s critical that you fully understand what powers the DPOA form grants your agent and the risks involved with giving this authority to another person.
Write the names and addresses of the principal, agent, and any applicable co-agents or successor agents in the first section of the durable power of attorney form.
Step 2: Grant authority
Indicate on the form which personal, financial, or legal affairs you want to give the agent power over. This can be general authority (e.g., business operations) or specific authority (e.g., make a loan).
You can also write in specific instructions about which actions the agent can perform on your behalf.
Step 3: Ensure your form is durable
For the power of attorney to continue even if the principal becomes incapacitated, you must meet Texas requirements for making the POA durable found in Texas Estates Code § 751.0021.
Keep in mind that if you create a DPOA in another state where powers of attorney are presumed durable, it will still be effective in Texas even if it doesn’t meet the language requirement.
Note that the free template included on this page meets all Texas requirements for DPOAs.
Step 4: Sign and date the form
To complete the paperwork, the principal must sign and date the durable power of attorney form.
Don’t forget that in Texas, your form also needs to be notarized.
Make sure to give copies of the form to your agent and any third parties where it will be used (such as your landlord, bank, or a state agency). Keep the original in a safe place in your home.
How to Revoke a Durable Power of Attorney in Texas
In Texas, you can revoke a durable power of attorney at any time while you have the capacity to do so.
The best way is to complete and file a revocation of power of attorney form. Another method is to destroy the original power of attorney document and all existing copies.
Under Texas law, creating a new durable power of attorney form doesn’t revoke a previously executed durable power of attorney unless it specifically states that the previous DPOA is revoked or that all other DPOAs are revoked (Texas Estates Code § 751.135).
Although the principal can’t revoke the POA if they’re already incapacitated, it’s possible for a third party to override a power of attorney if they suspect an agent of abuse or negligence.