Texas Limited (Special) Power of Attorney Form

A regularly-used, legally-binding document, the Texas Limited (Special) Power of Attorney (POA) is one of the main types of POA arrangements that any capable individual is welcome to execute. A defining attribute of Limited POA arrangements is the precision in which the terms of the Principal-Agent relationship are described (with the Principal being the party who wants to transfer decision making powers to another party, and the Agent representing that other party). This precision makes it clear to the Agent that their powers will be limited and special, instead of being all-encompassing and general.

State Laws & Signing Requirements

State Laws – Durable Powers of Attorney

Signing Requirements (§ 751.0021) – Durable Limited Power of Attorney arrangements (i.e. those that will not be impacted if the Principal becomes incapacitated) are dictated by certain signing requirements. Namely, the Principal must sign the document, and it must be acknowledged before an individual who is authorized to take acknowledgments. 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.”

On the contrary, state law does not note any signing requirements for General Limited Power of Attorney arrangements (i.e. those that will terminate upon the Principal becoming incapacitated). The course of action most legal experts recommend when the law is silent on signing requirements is for the Principal to sign the Power of Attorney before two (2) witnesses and/or a Notary Public.