The Texas general power of attorney form is one of the leading planning tools that enable you to delegate your financial transactions. This tool allows you to appoint a trusted person to transact and decide for you in various financial matters. They can perform any financial duty you assign them to perform in your presence.
For example, you may designate your trusted steward to manage, buy, or sell assets for you. Given this position’s sensitive nature, you should appoint a person with excellent business skills to make sound financial decisions. Your trusted appointee should also be faithful to act in your best interests. Otherwise, you could create more problems than those you’re trying to solve.
This trust makes you your appointed steward’s principal, grantor, or donor because you donate some of your authority to them. Meanwhile, your delegated steward becomes your agent or attorney-in-fact because they represent you. A general power of attorney (POA) lets you plan for your financial activities when you can’t act. For instance, it enables you to keep your business transactions going on when you are incapacitated or unavailable. This kind of power of attorney form terminates when you die or become incapacitated. So, create your general power of attorney today because you never know what the future holds.
Texas power of attorney forms – this category will let you discover more about other powers of attorney you can use in Texas.
Legal Requirements for Texas General Power of Attorney
All general powers of attorney should comply with Texas’ legal requirements (Title 2, Chapter 751 (Durable Powers of Attorney)). Otherwise, the document will be legally null and void. Here are some of the legal requirements your POA should comply with.
- Every potential principal should have a legal capacity to enter a contract, meaning they must be at least 18 years old and sane.
- All POAs should be signed before a notary public.
- The agents who implement the POA must also be adults aged at least 18 years and sane to shoulder the responsibilities of executing a power of attorney.
- Two witnesses who witnessed the principal sign the document and acknowledge their signature before a notary public must sign also the POA.
- If the general POA entails running a principal’s properties, the principal should file the document with all the clerks in the counties where their agent will manage their properties.
Filling out the Texas General Power of Attorney Form
Filling the Texas general POA form is critical because it can break or make the entire process. Therefore, you should be careful to fill it correctly. Here’s the process of filling the form.
You must gather all the relevant details about the POA before drafting it. It’s prudent to consult an attorney before filling the form to avoid potential and disastrous legal loopholes.
Getting the Form
Afterward, you can download the form on this website in the most convenient format, like PDF, ODT, or Word. Make sure your computer has an appropriate app for reading and filling the form. You may also print the form and fill it manually with blue or black ink. Just ensure you complete it with large and legible letters.
Next, you should fill out the name of the county where your POA will be executed.
You will need to indicate your full legal name as the principal and name your appointed agent in the form. Moreover, fill out your resident county. You have to provide your agent’s full legal name. It will also be important to identify the agent above. So, make sure to document the county where your chosen agent lives using the next available space. You have to date this document.
Signature and Notarization
Your signature on this document requires notarization to become legally authentic. Otherwise, it won’t be recognized as a true representation of your best interests and wishes. Thus, you must indicate the date you entered a notary’s office to notarize the form. The date includes the day, month, and year you signed the paperwork before a notary public. Remember, all these processes must happen in person before a notary public.
Your two principal witnesses who witnessed you sign the form and acknowledge your signature before a notary public will also sign the document. They too, will have to date their signatures before an attorney.
A notary public takes over and initiates the process of notarizing it after you and your witnesses have signed and dated the form. The notary needs to fill out their credentials and location before sealing the form to make the document legally binding.