A Durable Power of Attorney in Texas is an effective way to protect your finances if something happens to you. With it, you choose a trusted person to step in and manage your money, property, and accounts if you can’t.
Here, we’ll explain how a Durable POA in Texas works, why you might need one, and how to make it legally valid.
What Is a Durable Power of Attorney in Texas?
A Durable Power of Attorney in Texas is a legal document that lets you designate an agent to handle your financial affairs. This agent can act on your behalf for money, property, and other financial decisions.
What makes it “durable” is the durability clause. This clause says the Power of Attorney continues even if you become incapacitated. A General Power of Attorney would usually end when you can no longer manage your own affairs. A Durable Power of Attorney, on the other hand, does not end if you are incapacitated.
Under Section 751.00201 of Texas Estates Code, you’re considered “incapacitated” if a doctor examines and finds you cannot manage your finances. The doctor must provide a written statement of incapacity for this purpose.
Why Would You Need A Durable POA in Texas?
Here are a few important reasons many Texans choose to put a Durable POA in place:
To Protect Your Finances if You Become Incapacitated
A Durable Power of Attorney lets your chosen agent keep managing your affairs without interruption if you are no longer able to make decisions.
To Avoid a Guardianship Case in Court
If you become incapacitated and don’t have a Durable POA, your loved ones may have to go to court to request guardianship. That process is often public, expensive, and emotionally draining. With a Durable POA, your pre-selected agent can step in immediately, and your family can avoid a long and costly guardianship proceeding.
To Give Yourself and Your Family Peace of Mind
Knowing that your affairs are in order if something happens to you offers real peace of mind. A Durable Power of Attorney reassures you that someone you trust can step in and protect your financial interests.
To Strengthen Your Texas Estate Plan
A Durable Power of Attorney in Texas is a core part of a solid estate plan. It’s one of the best documents to protect your interests if you lose the ability to manage your own finances.
Who Can Make a Durable POA in Texas?
In Texas, anyone who is at least 18 years old and of sound mind can create a Durable Power of Attorney. Being “of sound mind” means the person understands what the document is, what they’re signing, and the powers they’re giving their agent.
Who Should Be Your Agent (Attorney-in-Fact) For Your Texas Durable POA?
For your Texas Durable POA, your agent (attorney-in-fact) should be someone you trust with your life. This person can act in your name, as if you were there. You’re also responsible for what your agent does in your name.Â
Choose someone who is honest, reliable, and trustworthy because you’re giving this person significant control over your finances. Due to the broad powers involved, it is highly recommended that you speak with a lawyer before you sign any POA.
Powers Granted in a Durable POA in Texas
Texas law does not list every specific power or authority that a Durable POA may include. In general, a Durable POA in Texas can grant powers regarding:
- Real property
- Tangible personal property
- Stocks and bonds
- Commodities and options
- Banks and other financial institutions
- Operation of an entity or business
- Insurance and annuities
- Estates, trusts, and other beneficial interests
- Claims and litigation
- Personal and family maintenance
- Benefits from governmental programs or civil or military service
- Retirement plans
- Taxes
- Gifts
How Long Does a Texas Durable POA last?
Under Section 751.131 of the Texas Estates Code, a Texas Durable POA stays in effect until one of the following happens:
- The principal dies.
- The principal revokes the POA
- Any termination conditions in the POA are met.
- The agent’s authority is terminated under Texas Estates Code 751.132, and the document does not name a replacement agent.
- A guardian is appointed for the principal.
If your spouse is your agent, and you later get divorced or annulled, Section 751.132 says your spouse’s authority automatically ends.
Does a Durable POA in Texas Need To Be Notarized?
You’re required to have your Texas Durable Power of Attorney notarized. Notarization means you sign your Durable POA in front of a notary public.
During notarization, you’ll swear or affirm that the contents of your Durable POA are true and accurate. You’ll also confirm that you understand the Durable POA and that you are signing it voluntarily. A notary then verifies your identity and acknowledges the signature on the Durable POA.
Notarizing your Durable Power of Attorney in Texas is mandatory because it:
- Makes the Durable POA legally sufficient under Texas law.
- Helps ensure banks, title companies, and other financial institutions accept the Durable POA when your agent needs to act.
- Strengthens the document if anyone later challenges your agent’s authority or the validity of the Durable POA.
With us, you can have your Texas Durable Power of Attorney notarized online in just 7 minutes. Book an online notary appointment today and make your Durable POA legally valid from wherever you are.
Can You Stop or Revoke a Durable POA in Texas?
Yes. You can end your Durable Power of Attorney in Texas at any time. This is called revoking a Power of Attorney.
If the POA is for a specific amount of time, it will end automatically when that period expires. You should tell your agent that you are revoking the POA. You should also notify any banks, institutions, or people working with the agent that their power has been revoked.
It is best to prepare a sworn written statement of revocation and keep copies for your records. You must still have the mental ability to revoke a power of attorney. In other words, you must understand what you are doing when you revoke your Durable POA in Texas.
Protect Your Future With a Texas Durable Power of Attorney
A Durable Power of Attorney in Texas lets you designate a trusted agent to manage your finances, property, and investments. Its key feature is durability: the Durable POA continues to work even if you become incapacitated.
By putting a Durable POA in place, you help avoid guardianship, protect your estate, and give your family clarity during stressful times. It becomes a cornerstone of your Texas estate plan, offering comprehensive protection and peace of mind for you and your loved ones.
Ready to move forward and protect your future? Book an online notary appointment now to have your Texas Durable POA notarized online in 7 minutes, from wherever you are.
