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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 Power of Attorney Sample

Before starting your own Texas Power of Attorney it can help to read over a real example document. This can allow you to get a clearer picture of how your final form will look and feel and give you a better idea of the sort of information you’ll need to add. Find out more about POA forms with our example below.

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Power of Attorney Texas Sample

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.

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Power of Attorney Texas Sample

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DURABLE POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. 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. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until:

(1) you die or revoke the power of attorney;

(2) your agent resigns or is unable to act for you; or

(3) a guardian is appointed for your estate.
DESIGNATION OF AGENT
I, _________, of _________, telephone number _________, and email address _________, appoint _________, of _________, telephone number _________, and email address _________, as my Agent (or "Attorney-in-fact") to act on my behalf in any lawful way with respect to all of the following powers that I have listed below.
GRANT OF GENERAL AUTHORITY
I grant my agent(s) general authority to act for me with respect to the following subjects:
     - Real property transactions (the Durable Power of Attorney will need to be recorded if the agent uses it with respect to a real property transaction)
     - Tangible personal property transactions
     - Stock and bond transactions
     - Commodity and option transactions
     - Banking and other financial institution transactions
     - Business operating transactions
     - Insurance and annuity transactions
     - Estate, trust, and other beneficiary transactions
     - Claims and litigation
     - Personal and family maintenance
     - Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service
     - Retirement plan transactions
     - Tax matters
     - Digital assets and the content of an electronic communication
SPECIAL INSTRUCTIONS
SPECIAL INSTRUCTIONS APPLICABLE TO AGENT COMPENSATION: My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances.
EFFECTIVE DATE
This Power of Attorney takes effect immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.
This power of attorney continues until I revoke it, or it is terminated by my death or other event described in Subtitle P, Title 2 of the Texas Estates Code.

I agree that any third party who receives a copy of this document may act under it. Termination of this durable power of attorney is not effective as to a third party until the third party has actual knowledge of the termination. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. The meaning and effect of this durable power of attorney is determined by Texas law.

Signed this ______ day of __________, _____________, at _________, _________.



___________________________
_________




(Seal, if any, of notary) ______________________________________



_______________________________
(printed name)
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, you establish a "fiduciary" relationship with the principal. This is a special legal relationship that imposes legal duties on you that continue until you resign or the power of attorney is terminated, suspended, or revoked by the principal or by operation of law. A fiduciary duty generally includes the duty to:

(1) act in good faith;

(2) do nothing beyond the authority granted in this power of attorney;

(3) act loyally for the principal's benefit;

(4) avoid conflicts that would impair your ability to act in the principal's best interest; and

(5) disclose your identity as an agent when you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

     (Principal's Name) by (Your Signature) as Agent

In addition, the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code) requires you to:

(1) maintain records of each action taken or decision made on behalf of the principal;

(2) maintain all records until delivered to the principal, released by the principal, or discharged by a court; and

(3) if requested by the principal, provide an accounting to the principal that, unless otherwise directed by the principal or otherwise provided in the Special Instructions, must include:

(A) the property belonging to the principal that has come to your knowledge or into your possession;

(B) each action taken or decision made by you as agent;

(C) a complete account of receipts, disbursements, and other actions of you as agent that includes the source and nature of each receipt, disbursement, or action, with receipts of principal and income shown separately;

(D) a listing of all property over which you have exercised control that includes an adequate description of each asset and the asset's current value, if known to you;

(E) the cash balance on hand and the name and location of the depository at which the cash balance is kept;

(F) each known liability;

(G) any other information and facts known to you as necessary for a full and definite understanding of the exact condition of the property belonging to the principal; and

(H) all documentation regarding the principal's property.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates or suspends this power of attorney or your authority under this power of attorney. An event that terminates this power of attorney or your authority to act under this power of attorney includes:

(1) the principal's death;

(2) the principal's revocation of this power of attorney or your authority;

(3) the occurrence of a termination event stated in this power of attorney;

(4) if you are married to the principal, the dissolution of your marriage by a court decree of divorce or annulment or declaration that your marriage is void, unless otherwise provided in this power of attorney;

(5) the appointment and qualification of a permanent guardian of the principal's estate, unless a court order provides otherwise; or

(6) if ordered by a court, your removal as agent (attorney in fact) under this power of attorney. An event that suspends this power of attorney or your authority to act under this power of attorney is the appointment and qualification of a temporary guardian, unless a court order provides otherwise.

Liability of Agent

The authority granted to you under this power of attorney is specified in the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code). If you violate the Durable Power of Attorney Act or act beyond the authority granted, you may be liable for any damages caused by the violation or subject to prosecution for misapplication of property by a fiduciary under Chapter 32 of the Texas Penal Code.

THE AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
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