Texas Power of Attorney Requirements
Texas keeps its own Durable Power of Attorney Act in the Estates Code rather than adopting the uniform act. This page covers how a durable power of attorney has to be executed in Texas.
Texas requirements
- Estates Code Sec. 751.0021 requires the instrument to designate an agent, be signed by an adult principal or by another adult signing the principal's name in the principal's conscious presence at the principal's direction, and be acknowledged.
- The acknowledgment has to be taken before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths, which in practice means a notary public.
- Durability wording is required. Sec. 751.0021 calls for the words 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, or similar words clearly indicating the same intent.
- Estates Code Sec. 751.0022 gives a presumption that the signature is genuine, and that the document was executed properly, when the officer taking the acknowledgment complied with Sec. 121.004(b), Civil Practice and Remedies Code.
- Texas does not require witnesses for a durable power of attorney under Sec. 751.0021. If an institution asks for them anyway, add them and confirm what it needs before signing.
- For real property, Estates Code Sec. 751.151 requires the durable power of attorney to be recorded with the county clerk where the property is located no later than the 30th day after the related instrument is filed for recording. Texas also publishes a statutory durable power of attorney form at Estates Code Sec. 752.051, and our template is a general-purpose alternative to it.
Frequently asked questions
Does a Texas power of attorney have to be notarized?
Yes. Estates Code Sec. 751.0021 requires the principal, or the adult signing at the principal's direction, to acknowledge the instrument before an officer authorized to take acknowledgments to deeds and administer oaths, which is normally a notary public.
Do I have to record a Texas power of attorney?
Only when it is used for real property transactions requiring an instrument that gets recorded. Estates Code Sec. 751.151 requires recording in the county clerk office where the property is located no later than the 30th day after that instrument is filed for recording.
Official sources
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