Power Of Attorney in Texas

Before You Begin: Texas POA Checklist

Ensure you have the right documents and understanding before creating a power of attorney in Texas. This checklist helps you avoid common mistakes.

• Decide on the type of POA: medical, financial (durable), or both, as Texas has specific forms for each.
• Choose a trusted agent (attorney-in-fact) and a successor, and discuss your wishes with them.
• Have your full legal name, address, and Social Security number ready, along with similar details for your agent.
• Draft the POA in writing, clearly stating its powers, and ensure it meets Texas statutory requirements (e.g., signed by you).
• For real estate transactions, the POA must be acknowledged before a notary public and filed in the county deed records.
• For a medical POA, your document must be signed by you (or someone at your direction) and witnessed by two adults (or notarized).
• Note: The Texas Statutory Durable Power of Attorney form is available online; if you use it, it must be signed and notarized to be effective.
• Remember: A POA is only valid if you are mentally competent when signing; if capacity is questioned, consider a physician's statement.