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Power of Attorney in Texas: Requirements, the Official Form, and How to Get One
A Texas durable power of attorney needs a notary, specific wording and your parent's capacity on the day they sign. Here is what the Estates Code requires and how the official form works.
By naveen · Updated · How we research our guides
What to know
- A Texas durable power of attorney is valid when it's in writing, signed by your parent, contains the statute's durability wording, and is acknowledged before a notary or other authorized officer (Estates Code §751.0021).
- Texas publishes an official Statutory Durable Power of Attorney form, and Texas Health and Human Services posts it in English and Spanish.
- The financial power of attorney doesn't cover medical decisions; Texas uses a separate Medical Power of Attorney for those.
- A bank asked to accept a durable power of attorney must accept it, or ask for a certification or a legal opinion within 10 business days, unless a ground for refusal in §751.206 applies.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A power of attorney in Texas is valid when your parent signs a written document naming an agent, the document says it survives their later incapacity, and the signature is acknowledged before a notary. Those requirements come from Texas Estates Code §751.0021, and the section doesn't list witnesses among them. Your parent has to sign it, or direct another adult to sign for them in their conscious presence.
What is a durable power of attorney in Texas?
A durable power of attorney is a document in which your parent (the principal) names someone else (the agent) to act for them in financial matters, and which keeps working if your parent later loses the ability to manage their own affairs. Texas defines it by what it does rather than what it's called: the statute covers any writing that names an agent and grants authority to act in your parent's place, whether or not it uses the term power of attorney (§751.0021).
The durability wording is what lets the agent keep paying bills and dealing with the bank through a period of illness or decline. Our guide to power of attorney for an elderly parent covers setting one up before it's needed.
What does Texas require for a power of attorney to be valid?
Texas requires a writing, your parent's signature, the durability wording, and an acknowledgment before a notary or other authorized officer, all in one section of the Estates Code.
| Requirement | What the Estates Code says | Section |
|---|---|---|
| In writing | A writing or other record that names an agent and grants authority to act in your parent's place | §751.0021(a)(1) |
| Signature | Signed by your parent as an adult, or by another adult in your parent's conscious presence at their direction | §751.0021(a)(2) |
| Durability wording | The statute's wording, or similar words showing the authority continues despite later disability or incapacity | §751.0021(a)(3) |
| Acknowledgment | Acknowledged before an officer authorized to take acknowledgments to deeds and to administer oaths | §751.0021(a)(4) |
The durability wording the statute gives is either "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."
A Texas notary public can take the acknowledgment; the Government Code sets notary fees for both acknowledgments and oaths. When the officer follows the procedure in the Civil Practice and Remedies Code, the signature is presumed genuine (§751.0022).
Is there an official Texas power of attorney form?
Yes. The Estates Code sets out a form called the Statutory Durable Power of Attorney in §752.051. Texas Health and Human Services publishes it on its forms page in English and Spanish, with an effective date of September 2017.
The form works by initials. It lists 14 categories of authority, from real property transactions (A) to digital assets (N), and your parent initials each power they want to grant. Initialing the line in front of power (O) grants all of them; leaving a line blank withholds that power.
The form also carries its own warnings, which are worth reading with your parent before anyone signs:
- "The powers granted by this document are broad and sweeping."
- "This document does not authorize anyone to make medical and other health-care decisions for you."
- "You may revoke this power of attorney if you later wish to do so."
Home equity loans have their own signing rule. If your parent wants the agent to be able to sign home equity loan documents, the form says the power of attorney "must be signed by you at the office of the lender, an attorney at law, or a title company."
Medical decisions need a different document. Texas covers those with a Medical Power of Attorney and a Directive to Physicians, explained in our guide to Texas advance directives.
When does it take effect, and when does it end?
It takes effect when the document says it does, and it ends on the events listed in §751.131, such as your parent's death or revocation. With the "not affected by subsequent disability" wording, the agent can act as soon as it's signed and acknowledged; with the "becomes effective on the disability or incapacity" wording, the agent waits until that has happened.
Unless the document says otherwise, the agent's authority doesn't expire with time; it continues "notwithstanding a lapse of time since the execution," according to §751.132. A durable power of attorney ends when any of these happens (§751.131):
- your parent dies;
- your parent revokes it;
- the document says it ends;
- its purpose is accomplished;
- the agent can no longer serve and no other agent is named;
- a permanent guardian of your parent's estate qualifies.
The last one deserves attention. If a court later appoints a permanent guardian of your parent's estate, the agent's powers "are automatically revoked unless the court enters an order that the powers of the agent be suspended" (§751.133). For what that court process involves, see our Texas guardianship guide.
An agent's own authority also ends if the agent dies, becomes incapacitated, resigns or is no longer qualified, and, unless the document says otherwise, if the agent's marriage to your parent ends in divorce or annulment.
What does the agent have to do?
The agent is a fiduciary who must keep your parent informed and account for actions taken under the power of attorney (§§751.101, 751.102). Texas says a person who accepts appointment as agent "is a fiduciary as to the principal only when acting as an agent under the power of attorney and has a duty to inform and to account for actions taken under the power of attorney" (§751.101).
The agent must also "timely inform the principal of each action taken" (§751.102) and preserve your parent's estate plan, as far as the agent knows it, when that's in your parent's best interest (§751.122). These duties are worth talking through with whoever your parent is considering, along with whether to name a successor. Our guide to protecting a parent from scams covers the financial warning signs any agent should know.
Do banks have to accept a Texas power of attorney?
Yes, within set deadlines, unless a ground for refusal applies. Under §751.201, a person asked to accept a durable power of attorney must either accept it or, no later than the 10th business day after it's presented, request an agent's certification or an opinion of counsel. Once they receive the requested certification or opinion, they must accept the power of attorney by the 7th business day afterward.
Section 751.206 lists grounds for refusing, starting with a transaction the bank wouldn't have to do for your parent either, such as opening a new account relationship or providing a product it doesn't offer.
Real estate adds a step: if the agent signs a deed, mortgage or similar recorded instrument, the power of attorney "must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording" (§751.151).
How do you get a power of attorney for an elderly parent in Texas?
Your parent makes it. The steps:
- Talk with your parent about who they'd want acting for them, and who should step in if that person can't.
- Choose a document: the Statutory Durable Power of Attorney form, or one drafted for your parent's situation.
- Go through the powers with your parent. They initial only the ones they want to grant.
- Check that the durability wording is in the document.
- If the agent may need to sign home equity loan documents, arrange to sign at a lender's office, an attorney's office or a title company.
- Your parent signs, and the signature is acknowledged before a notary.
- Give the agent a copy and keep the original somewhere safe.
Your parent has to be able to sign and acknowledge the document, or direct another adult to sign for them. If that's no longer possible, a court process may be the remaining route. If your parent's situation is complicated, it's worth knowing what an elder law attorney does before you start.
How do you revoke a power of attorney in Texas?
Your parent can revoke it; revocation is one of the events that ends a durable power of attorney under §751.131, and the statutory form tells the person signing, "You may revoke this power of attorney if you later wish to do so." The sections of the Estates Code we read don't prescribe one method. A written, dated revocation given to the agent and to every bank or institution holding a copy leaves a clear record of when the authority ended.
If it was recorded with a county clerk for a real estate transaction, ask that office how to record a revocation.
How much does a power of attorney cost in Texas?
The cost Texas law caps is the notary's acknowledgment: a notary may charge $10 for the first signature and $1 for each additional signature (Government Code §406.024). The Statutory Durable Power of Attorney is printed in the Estates Code, and Texas Health and Human Services posts it for download.
The statutory form itself advises, "If you have any questions about these powers, obtain competent legal advice."
Frequently asked questions
Does a power of attorney need to be notarized in Texas?
Yes, for a durable power of attorney. Estates Code §751.0021 requires your parent's signature to be acknowledged before an officer authorized to take acknowledgments to deeds and administer oaths, such as a notary public. The statutory requirements don't include witnesses, so the acknowledgment is the formal step that makes it valid.
Does a Texas power of attorney need witnesses?
The four requirements in Estates Code §751.0021 are a writing, your parent's signature, the durability wording, and an acknowledgment before an authorized officer. Witnesses aren't among them. Texas does require witnesses or a notary for the separate Medical Power of Attorney, which covers health care decisions rather than finances.
Where can I get a Texas power of attorney form?
The Statutory Durable Power of Attorney form is set out in Estates Code §752.051. Texas Health and Human Services posts it on its forms website in English and Spanish, with an effective date of September 2017. The form is printed in the statute itself; the notary's acknowledgment fee is capped by law.
Can a Texas financial power of attorney be used for medical decisions?
No. The statutory form says plainly that it "does not authorize anyone to make medical and other health-care decisions for you." Texas handles health care through a separate Medical Power of Attorney and a Directive to Physicians and Family or Surrogates, each with its own signing rules under the Health and Safety Code.
What if my elderly parent can no longer sign?
The statute lets another adult sign your parent's name in your parent's conscious presence, at your parent's direction, which still requires your parent to direct it. If your parent can no longer make that decision, a court-supervised guardianship may be the remaining route.
How do you remove a power of attorney in Texas?
Your parent can revoke it while they're able to, and it ends automatically on their death or when a permanent guardian of the estate qualifies. A written, dated revocation sent to the agent and to every bank holding a copy leaves a clear record. An attorney can confirm the steps for your parent's situation.
Is a power of attorney from another state valid in Texas?
Yes, if its signing met the law that governs it. Under Estates Code §751.0023, a durable power of attorney executed outside Texas is valid in Texas if, when signed, it complied with that law or with the federal rules for a military power of attorney. A bank asked to accept it can still request an agent's certification or an opinion of counsel under §751.201.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Texas Estates Code chapter 751, Durable Powers of Attorney: requirements, agent duties, termination, recording and acceptance (§§751.0021 to 751.206).
- Texas Estates Code chapter 752, Statutory Durable Power of Attorney: the statutory form and its notice (§752.051).
- Texas Health and Human Services, Statutory Durable Power of Attorney (SDPOA): the official form in English and Spanish.
- Texas Government Code chapter 406, Notary Public: the fee a notary may charge for an acknowledgment (§406.024).
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