Texas Durable (Statutory) Power of Attorney Form

The Texas Statutory Durable Power of Attorney is a legal agreement used for giving a Texas resident the means of passing on one (1) to several financial decision-making powers to another individual, known as their “agent.” The form, which is the official statutory form provided by the state of Texas, is “durable,” which refers to the fact that the powers granted to the agent remain in effect in the event of the principal’s incapacity or disability. State POA laws, specifically Sec. 751.00201, state that the principal will be considered disabled or incapacitated after a physician gives a formal certification 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) only created after the POA has been executed.

State Laws & Signing Requirements

State Laws: Durable Powers of Attorney (§§ 751.001 to 751.251)

Signing Requirements (§ 751.0021): In order for a durable POA to be lawfully executed in 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 disability or incapacity.