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Types of Power of Attorney in Texas
There’s more than one type of Power of Attorney available in Texas and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, in order for your POA to work as intended, you must create the right class of document.
In Texas, you can choose from the following common types of Power of Attorney:
General: A General POA is created to allow an Agent to manage a wide range of the Principal’s financial affairs. However, these legal documents become invalid if you are incapacitated, limiting the Attorney-in-Fact’s ability to act if you become seriously ill or mentally incompetent due to advanced age.
Limited: A Limited Power of Attorney is a special kind of POA that allows an Agent to act for you for a limited period of time. This allows you to delegate legal responsibilities to experts and professionals to carry out one-off or short term tasks within the stated dates on the form.
Durable: Durable Power of Attorneys are far-reaching legal instruments that allow Agents to act for Principals even if they are incapacitated. This makes them very useful estate-planning tools when preparing for elderly age.
Springing: Springing Power of Attorney is a variety of POA that only comes into effect when certain conditions are met. This could be for a number of reasons but it is usually enacted in the event that the Principal becomes incapacitated.
Childcare: Childcare Power of Attorney documents (also known as an Authorization Agreement for a Voluntary Caregiver) allow Principals to delegate childcare responsibilities to their chosen Agent. This might include making medical decisions and choosing educational institutions for the children named in the agreement.
Medical: Medical Power of Attorneys are specialized documents that allow Agents to make medical decisions for you if you fall unconscious or become mentally or physically incapacitated from doing so yourself.
DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
How to Get Power of Attorney in Texas
It is possible to obtain and complete a Texas Power of Attorney form fully online. Using our contract maker and step-by-step completion survey you can quickly and easily create.
Alternatively, some pre-prepared forms for Vehicle POAs can be obtained directly from a local Texas DMV. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Finally, prospective Principals can ask a Lawyer to draw-up and complete a POA form for them. However, this is the most time consuming and costly option.
Texas Legal Requirements for a Power of Attorney
In order to make sure your Power of Attorney is fully valid upon completion and signing, you must make sure that it follows the legal requirements of the state of Texas. This means taking the following steps:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
A notary public must also be present at the signing and must sign the document too.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
In addition to these steps, it is important that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
Power of Attorney FAQs
There are many important considerations to remember when planning your Texas POA form. If you’re still not sure about some of the details, simply read through our Power of Attorney FAQs to find the answers you need.
Where Can I Get a Power of Attorney in Texas?
It is possible to create your own Texas Power of Attorney easily online. Alternatively, you can find templates for certain types of POA at your local DMV or can pay to have a legal expert draft and complete your document.
How to Sign as a Power of Attorney?
Once a Texas Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to do this, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf to prove they have the authority to do so.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
What is a Statutory Durable Power of Attorney?
A Statutory Durable Power of Attorney is the name for a Durable POA in Texas. Once completed and signed, this document allows an Agent to manage a Principle’s healthcare or financial affairs after any period of incapacity.
How to Revoke a Power of Attorney in Texas?
If a Principal wishes to revoke a Texas Power of Attorney they can do so themselves at any time. They must inform the Agent in writing of their intention to terminate the POA or by filling in a revocation form. Principals should also contact any people or institutions who hold certified copies of the document and tell them it has been revoked.
However, if you wish to remove an Attorney-in-Fact’s powers after a Principal has become incapacitated, the process is a little trickier. You may instead need to take the matter to court where a judge can appoint conservatorship to a trustworthy party.