Texas Limited (Special) Power of Attorney Form

The Texas Limited (Special) Power of Attorney (POA), one of the main types of POA forms, is a legal document that can be executed by any adult Texas resident. With the form, the person completing it (the “principal”) can choose any number of powers to grant to an individual whom they personally know and trust (the “agent”). The word “limited” refers to the fact that the POA is often used for giving only a select number of powers for a short length of time. Typically, the principal completes the form when they need something relatively simple taken care of (the signing of a contract, for example) when they are out of town or unable to for another reason.

A defining attribute of the form is the precision in which the terms of the principal-agent relationship are described. This precision makes it clear to the agent that their powers will be limited and special, instead of being all-encompassing, which a more general POA provides.

State Laws & Signing Requirements

State Laws: Texas Estates Code, Subtitle P, “Durable Powers of Attorney”

Signing Requirements (§ 751.0021): In Texas, limited POAs are dictated by certain signing requirements. The principal must sign the document, and it must be acknowledged before an individual who is authorized to take acknowledgments (a Notary Public). Moreover, the form must state the following words (or words to a similar effect):

  • “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.”

While Texas law does not specifically mention the requirements for non-durable POAs (those that terminate upon incapacitated), it is presumed that the signing requirements carry over from the durable requirements set out by the state.