How to Create a Power of Attorney in Texas
What Is a Power of Attorney in Texas?
A legal document that grants someone you trust the authority to act on your behalf for financial or legal matters.
In Texas, this document is officially known as a Statutory Durable Power of Attorney and is governed by Texas Estates Code §§ 751.001–751.132.
Texas Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two witnesses must sign the document. Witnesses cannot be the designated agent, a person related by blood or marriage, or a person entitled to the principal's estate. |
| Notarization | Required — A durable power of attorney in Texas must be signed before a notary public to be valid. |
| Self-Proving Affidavit | Not applicable to powers of attorney. |
| Holographic (Handwritten) | Not allowed — Powers of attorney must follow formal requirements. |
| Governing Statute | Texas Estates Code §§ 751.001–751.132 |
How to Create a Power of Attorney in Texas: Step by Step
- 1
Choose your agent
Select a trusted person to handle your financial and legal affairs. Consider naming a successor agent in case your first choice is unable to serve.
- 2
Define the scope of authority
Texas provides a statutory form with checkboxes for specific powers (real estate, banking, insurance, etc.). Check only the powers you want to grant.
- 3
Include durable language
Ensure the document states: 'This power of attorney is not affected by subsequent disability or incapacity of the principal.' This makes it effective when you need it most.
- 4
Use the statutory form
Texas provides a statutory durable POA form (Estates Code § 752.051). Using this form ensures third-party acceptance.
- 5
Sign before a notary and two witnesses
Sign the document in front of a notary public and two qualified witnesses.
- 6
Provide copies to your agent and relevant institutions
Give your agent the original or certified copies. Provide copies to banks, financial institutions, and other parties who may need to rely on it.
Power of Attorney Costs in Texas
What you can expect to pay for a power of attorney in Texas, depending on how you create it.
Common Mistakes When Creating a Power of Attorney in Texas
Not using the statutory form
While custom POA documents are valid in Texas, third parties are more likely to accept the statutory form without question. Using a non-standard form can lead to delays and refusals.
Forgetting to make it durable
If you don't include specific durable language, the POA automatically terminates if you become incapacitated.
Texas-Specific Considerations
- •Texas law requires third parties to accept a valid statutory POA. If a third party wrongfully refuses, they can be liable for attorney fees and damages.
- •The Texas statutory form includes a specific warning to the principal about the powers being granted.
- •Texas added enhanced protections in 2017 requiring the agent to act in the principal's best interest and maintain records.
Create Your Power of Attorney for Texas
Designate a trusted person to manage your affairs if you're ever unable to do so yourself.
Create Your Power of AttorneyFrequently Asked Questions About Power of Attorney in Texas
- Can a bank refuse my Texas statutory power of attorney?
- Generally no. Texas law (Estates Code § 751.201) requires third parties to accept a valid statutory POA. If they refuse without a reasonable basis, they can be ordered to accept it and pay attorney fees.
- When does a Texas power of attorney end?
- A POA ends when you revoke it, you die, or a court revokes the agent's authority. A durable POA survives your incapacity; a non-durable one does not.
- Can I name multiple agents in Texas?
- Yes. You can name co-agents (who must act together) or successor agents (who take over if the primary agent cannot serve).