Texas Durable (Statutory) Power of Attorney Form

The Texas Statutory Durable Power of Attorney is a legal agreement that stands as a record of an individual’s choice to pass on their financial decision making powers to another individual party, called their Agent. The individual, called the Principal, agrees for these powers to be sustained in the event of their incapacity or disability. State Durable Power of Attorney laws, specifically Sec. 751.00201, state that the Principal will be considered disabled or incapacitated with a certification from a physician that the Principal is mentally incapable of managing their own financial affairs. The physician’s certification should be: a) based on their medical examination of the Principal, b) in writing, and c) created after the Power of Attorney has been executed.

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State Laws & Signing Requirements

State Laws – Durable Powers of Attorney

Signing Requirements (§ 751.0021) – In order for a Durable Power of Attorney to be lawfully executed in the state of Texas it must:

  • Be signed by the Principal (or by another individual they have directed to do so in their conscious presence),
  • Be acknowledged before an officer authorized under the state laws of Texas or another who is authorized to take acknowledgments,
  • Contains the words:
    • “This power of attorney is not affected by subsequent disability or incapacity of the principal”; or
    • “This power of attorney becomes effective on the disability or incapacity of the principal”; or
    • To a similar effect of the words above that indicate the Principal’s desire for the authority granted to an Agent to not be impacted by their subsequent disability or incapacity.