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Texas PDF Templates
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Contents

Form Example

Texas Durable Power of Attorney Template

This Durable Power of Attorney is executed pursuant to the laws of the State of Texas.

Principal Information:

  • Name: _______________________________
  • City, State, Zip Code: _______________

Attorney-in-Fact Information:

  • Name: _______________________________
  • Address: ____________________________
  • City, State, Zip Code: _______________

Effective Date: This Durable Power of Attorney shall become effective on the date of signing.

Durable Power of Attorney Grant:

I, the undersigned Principal, hereby appoint my Attorney-in-Fact to act on my behalf. My Attorney-in-Fact shall have full power and authority to perform the following acts:

  1. Manage my financial affairs.
  2. Access my bank accounts.
  3. Sign checks and other financial documents.
  4. Purchase or sell real estate on my behalf.
  5. Handle tax matters and filings.
  6. Make healthcare decisions if I am incapacitated (if applicable).

Limitation of Authority:

The authority granted to my Attorney-in-Fact shall not include the following:

  1. Making a will or codicil.
  2. Revoking any trust created during my lifetime.

Signature:

By signing this document, I acknowledge that I am of sound mind and am executing this Durable Power of Attorney voluntarily.

Principal's Signature: ________________________ Date: ________________

Witnesses:

This document must be witnessed by at least two individuals who are not related to the Principal and are not named as Attorney-in-Fact.

Witness 1 Signature: ________________________ Date: ________________

Witness 2 Signature: ________________________ Date: ________________

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Common mistakes

  1. Not specifying the powers granted: One common mistake is failing to clearly outline the specific powers that the agent will have. It's important to detail whether the agent can handle financial matters, make medical decisions, or both. Without this clarity, the document may not serve its intended purpose.

  2. Leaving out the date: Some individuals forget to include the date when the document is signed. This omission can lead to confusion about when the powers take effect or whether the document is still valid.

  3. Not signing in front of a notary: A Durable Power of Attorney must be signed in front of a notary public. Skipping this step can render the document invalid. It's essential to ensure that the signature is properly notarized to avoid any legal issues later on.

  4. Choosing the wrong agent: Selecting an agent who may not act in your best interest is a critical error. It’s important to choose someone trustworthy and capable. This person will have significant power over your financial and medical decisions.

  5. Failing to update the document: Life changes, such as a divorce or the death of a chosen agent, require updates to the Durable Power of Attorney. Many people forget to revisit and revise their documents, which can lead to complications when the document is needed.

  6. Not discussing the document with the agent: Many individuals fill out the form without discussing it with the designated agent. This can lead to misunderstandings about the agent's responsibilities and intentions. Open communication is vital to ensure that everyone is on the same page.

Key takeaways

When filling out and using the Texas Durable Power of Attorney form, keep these key takeaways in mind:

  • The form allows you to appoint someone to make decisions on your behalf if you become incapacitated.
  • Choose a trusted individual as your agent. This person will have significant authority over your financial matters.
  • Clearly define the powers you are granting to your agent. Be specific to avoid confusion later.
  • Consider including a list of specific powers, such as managing bank accounts or selling property.
  • Sign the document in the presence of a notary public to ensure its validity.
  • Keep multiple copies of the signed document. Provide one to your agent and store another in a safe place.
  • Review and update the form regularly, especially after major life changes like marriage or divorce.
  • Understand that the Durable Power of Attorney remains effective even if you become incapacitated, unlike a regular power of attorney.
⇓ Durable Power of Attorney PDF

Steps to Using Texas Durable Power of Attorney

Filling out the Texas Durable Power of Attorney form is an important step in ensuring your financial and legal matters are managed according to your wishes. Once you have completed the form, you can provide it to your designated agent and keep a copy for your records. Here are the steps to fill out the form properly:

  1. Begin by downloading the Texas Durable Power of Attorney form from a reliable source or obtain a physical copy.
  2. Read through the form carefully to understand each section and what information is required.
  3. In the first section, fill in your full legal name, address, and the date. This identifies you as the principal.
  4. Next, designate your agent by writing their full name and address. This person will act on your behalf.
  5. Decide if you want to name an alternate agent in case your primary agent is unable to serve. If so, provide their name and address.
  6. In the section regarding powers granted, clearly mark the specific powers you wish to grant to your agent. This could include managing bank accounts, real estate transactions, or making healthcare decisions.
  7. Review the section about limitations on powers, if any. Specify any restrictions you want to impose on your agent’s authority.
  8. Sign and date the form at the designated area. Your signature is crucial for the form to be valid.
  9. Have your signature notarized by a notary public. This adds an extra layer of authenticity to the document.
  10. Make copies of the completed and notarized form for your records and provide copies to your agent and any relevant institutions.