A Texas non-durable (general) power of attorney is a form that enables an individual (referred to as the “principal”) to appoint another person or entity (the “agent”) to manage their financial, business, and property affairs.
However, this power ceases if the principal becomes incapacitated or revokes the authorization in writing or when a predetermined termination date is reached. This type of power can remain valid and in effect through using a durable power of attorney even if the principal becomes incapacitated or disabled. It can also be designed to become active, specifically when the principal is incapacitated.
Laws — Title 2, Chapter 751 (Durable Powers of Attorney).
Durable (§ 751.0021(a)(3)) –No, this power of attorney ceases with the principal’s written revocation, mental incapacity, or a set termination date. However, it can specify that the POA remains effective in case of incapacitation.
Signing Requirements (§ 751.0021) – Must be notarized by a public notary to be legally valid.
