Power of Attorney in Texas

Texas has a statutory form called the Statutory Durable Power of Attorney; other forms may also be used. A durable power of attorney must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence) and acknowledged before a notary or other officer authorized to take acknowledgments. It is durable only if it states that it is not affected by the principal's later disability or incapacity (or that it becomes effective on incapacity), or uses similar words. A power of attorney used for a real estate transaction requiring a recorded instrument must be recorded in the county.

Texas provides a Directive to Physicians and Family or Surrogates (living will) and a Medical Power of Attorney, each with a statutory form. Either must be signed in the presence of two qualified witnesses (at least one of whom must meet additional qualification rules) who also sign, or signed and acknowledged before a notary instead of witnesses. The medical power of attorney must be in substantially the statutory form.

Texas has an official form for a financial power of attorney: the "Statutory Durable Power of Attorney" in Tex. Est. Code 752.051. The form itself states that it does not authorize anyone to make medical or other health care decisions. To be a durable power of attorney it must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence), contain durability language, and be acknowledged before an officer authorized to take acknowledgments and administer oaths, such as a notary (Tex. Est. Code 751.0021). For health care, the "Medical Power of Attorney" must be in substantially the form in Tex. Health & Safety Code 166.164; it must be signed in the presence of two competent adult witnesses, at least one of whom is not the named agent, a relative, an heir, the attending physician or certain health care employees, or instead signed and acknowledged before a notary public (166.154, 166.003).