Free Fillable Texas Durable Power of Attorney Form

Texas laws provide you with different legal instruments that allow you to plan your financial affairs. The Texas durable power of attorney form is one such tool you can use to delegate your authority to transact and decide. It lets you create a durable power of attorney (POA) for a trusted family member, friend, or professional. The person receiving delegated authority will act as your agent or attorney-in-fact.

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As your agent’s principal, donor, or grantor, be careful to delegate your authority to a person who will advance your best interests. They should have proven integrity so that they don’t undermine or betray you. Ensure that they are business-savvy with a sharp mind that can make financially sound decisions for you. If possible, take time with your attorney to consult them before entering such a deal. The reason is that it has many legal ramifications and implications.

So, fill the power of attorney form today to infuse stability into your financial affairs. It will enable your business affairs to run undisrupted when you become incapacitated, sick, or too busy to attend to some matters. Remember, tomorrow is unguaranteed and might still be too late.

Texas power of attorney forms – get other power of attorney templates for Texas with instructions.

Filling out the Texas Durable Power of Attorney Form

You should fill your POA carefully and correctly because this process is critical in the POA’s creation. It’s critical to gather all the necessary details before filling this form. You may need to consult your attorney to look at everything from a rational legal perspective before filling the form. Below are the steps to follow when filling the form.

Download the Form

Next, download the form from our website in the most convenient format for easy filling. You can download it in ODT, Word, and PDF format. If you wish to fill it manually, you may print the document and do so with large and legible letters using blue or black ink.

Fill Out the Personal Data Section

Afterward, fill the first section with all the necessary details. Fill in your name and address, indicating that you appoint a given individual as your durable agent. You should specify when the POA expires. Otherwise, the POA remains in force until you die, revoke it, your agent resigns, a court removes your agent, or you appoint a guardian to manage your estate.

You must also declare your intentions for appointing your agent. Provide their name and full contact details. You should also indicate if you intend to appoint other agents. Remember to provide their full details the same way you did for your first agent.

Determine Your Agent’s Authority

At the next step, the principal defines how an agent will act. Here, you limit their authority by crossing the duties you don’t want them to perform. You need to initial your name before the jobs you want them to do. For example, define if you want them to handle real estate, insurance, stocks, or banking transactions.

You also have to state how you want your agents to work together. You have an option for them to act independently or cooperate to ratify each other’s decisions.

Set the Effective Date

Next, state when you want your delegated authority to start working. You have two options to choose from. You may if your subsequent disability affects the POA or if it becomes effective following your incapacitation. Otherwise, the POA becomes effective immediately.

Get Your POA Signed and Sealed

The next step entails executing the POA by signing it. You must sign and date it by day, month, and year before an attorney takes over to notarize it. Afterward, a notary public takes over and fills a special section reserved for them. They will fill in their credentials, state, and county where they notarized the document. Lastly, they will date it accordingly and then seal it with their notarization seal to complete the process.

You need to give your agent a copy of the notarized POA. It will include an additional document detailing how they should conduct business for you.

Legal Requirements for Texas Durable Power of Attorney

All durable powers of attorney should abide by Texas’ legal requirements laid out in Title 2, Chapter 751 (Durable Powers of Attorney). Otherwise, they will lack legal security and force. Here are the key ones every principal must comply with when writing a durable POA.

The principal should be sane and aged 18 years and over when filling the POA.
An agent should also be a sane adult aged 18 years when they are accepting their agency duties.
A notary public must notarize every durable POA.
Two witnesses confirm that the principal signs the document before an attorney.
If a durable POA relates to real estate management, the principal should file the document with the clerks in all the counties where their agent will execute the POA.