Texas Power of Attorney Forms
Texas Power of Attorney Forms are legal forms completed by a party known as the “principal,” for the purpose of delegating one (1) or more tasks to another party known as the “agent.” In order for the agent to uphold their legal responsibility to the principal, the principal agrees to allow certain decision-making powers to the agent. These powers may be related to personal affairs (the care of children), business affairs (the management of company finances), or legal duties (the filing of taxes). In Texas, it’s important that all POA forms comply with Estate Code Chapter 751, which are the laws that state the legal duties of agents, the requirements for making all POA forms effective, how to go about terminating a POA, and several other important topics.
Advance Directive / Medical (Health Care) Power of Attorney – Permits a person (referred to as the declarant) to declare an individual with the power to oversee and make decisions in regards to how they are taken care of after becoming incapacitated (not mentally or physically able to make decisions on their own).
Durable Power of Attorney – The official statutory form created by the state. Used for granting encompassing permissions regarding a principal’s life. Remains in effect in the case the principal is no longer able to make decisions for themselves.
General (Financial) Power of Attorney – Used for assigning an agent with decision-making power over a person’s finances. Unlike the durable version, the general POA immediately discontinues if the principal is deemed disabled or incapacitated as per the definitions set out by state law.
Limited (Special) Power of Attorney – Used for assigning one (1) to a few specific powers to an agent for a short-term task. Commonly used for giving a person permission to sign another person’s name in lieu of them being there physically.
Minor Child Power of Attorney – A form used when parents or guardians are unable to fulfill their parental or guardianship duties, typically due to their job or unforeseen circumstances. Allows for the nominating of an attorney-in-fact to take care of their child(ren) in the wake of their presence.
Motor Vehicle Power of Attorney (Form VTR-271) – Provided by the Texas DMV for granting an agent (referred to as the grantee) with the “power and authority” to perform every act necessary in order to successfully purchase, transfer, and/or assign the legal title of a motor vehicle owned by a grantor.
Download – Adobe PDF
Real Estate (Property) Power of Attorney – Gives another party (whether an individual or entity) with permission to manage a person’s property(s) in the event they no longer can themselves.
Revocation of Power of Attorney – Used for terminating an active Power of Attorney of any kind. Needs to be signed by the principal to be effective.
State Tax Filing Power of Attorney (Form 01-137) – A limited POA that satisfies the statutory requirements that must be met in order for a taxpayer to elect an agent to represent them before the Texas Comptroller of Public Accounts.
Download – Adobe PDF
Laws & Signing Requirements
- Texas Power of Attorney Laws – (Title 2, Chapter 751, “Durable Powers of Attorney”) and (Title 2, Chapter 166, “Advance Directives Act”)
- State Definition of Durable Power of Attorney (§ 751.002(4)) – “means a writing or other record that complies with the requirements of Section 751.0021(a) or is described by Section 751.0021(b).”
- State Definition of an Advance Directive / Medical Power of Attorney (§ 166.002(1)) – “means: (A) a directive, as that term is defined by § 166.031; (B) an out-of-hospital DNR order, as that term is defined by § 166.081; or (C) a medical power of attorney under Subchapter D.”
- Signing Requirements
- General / Durable Power of Attorneys (§ 751.0021) – Must have the principal’s signature notarized.
- Advance Directive / Medical Power of Attorney (§ 166.032) – Signed by 2 witnesses or notarized.