Texas Power of Attorney Templates

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It can be difficult caring for a loved one as they become older and less able to make decisions for themselves. When your parent or elderly loved one, the “principal,” becomes incapacitated, the Texas Power of Attorney (PoA) is a legal document allowing a trusted individual, or an “agent,” to act and make decisions on their behalf.

Texas legislation made durable power of attorneys and medical PoAs separate. The Statutory Durable Power of Attorney is recorded in the Texas Estates Code (§ 752 et seq.), while the Texas Health and Safety Code (Chapter 166, Subchapter D) outlines the powers and requirements of a medical PoA.

Texas Durable Power of Attorney

The Texas Durable Power of Attorney gives the appointed agent the ability to sell property, access bank accounts, and make other important decisions when the principal becomes debilitated.

The signed contract remains effective until the PoA is revoked or the principal passes away. Having a durable PoA ensures someone will be able to make decisions for you if you are unable to.

Texas General Power of Attorney

Similar to the Durable PoA, the General Power of Attorney gives broad rights to the agent. This may include decisions regarding personal finances and opening financial accounts for the principal.

The general PoA contract ends when the principal revokes the permission, dies, or becomes incapacitated. It may also end once the specific task has been accomplished or the time indicated in the document expires.

Texas Limited Power of Attorney

The Limited, or Special, Power of Attorney form grants your agent specific powers. For example, the Limited Power of Attorney for Eligible Motor Vehicle Transactions gives the agent full authority and power to buy, transfer, and allocate the motor vehicle’s legal title on the principal’s behalf.

Texas Medical Power of Attorney

The Medical Power of Attorney form is separate from other Texas PoA documents and allows you to choose a person you trust to make health decisions for you if you become incapacitated. Medical decisions may include consent for diagnostic procedures or medical treatments, arrangements for your care, and access to your protected health information.

Texas Minor (Child) Power of Attorney

The Minor Child Power of Attorney is a document that the parent of a minor uses to give powers to a selected guardian to provide care for their child in the event of their absence or illness. Parents do not lose their rights to their children but permit a caregiver or guardian to provide the proper care.

FAQ

The form to obtain a PoA in Texas can easily be found in the Texas Estates Code (§ 752.051). The Statutory Durable Power of Attorney form lists different types of powers, with an empty line before each power for a signature.

The Texas Health and Safety Code (§ 166.164) contains the Medical PoA Designation of Health Care Agent. Using these two official forms ensures full compliance with the legal requirements in Texas.

The law in Texas requires the principal to file a written notice of revocation with all establishments dealing with the agent. The Revocation Power of Attorney Form Texas allows you to articulate the specific reasons for revocation and requires the name of your agent and a notarized signature.

To notarize a PoA form in Texas, the principal and agent must sign the document with the date it goes into effect. Then a notary conducts a verbal ceremony to acknowledge your signature and then uses a Certificate of Acknowledgement to notarize the PoA.