Fillable Durable Power of Attorney Document for Texas State

A Texas Durable Power of Attorney form is a legal document that enables an individual to grant another person the authority to make decisions regarding their finances, property, and various personal matters in the event they become incapacitated or unable to do so themselves. This form is crucial for estate planning and ensuring that one's affairs are handled according to their wishes, even when they are not in a position to oversee them directly. To ensure your future financial and personal decisions are secure, consider filling out the Texas Durable Power of Attorney form by clicking the button below.

Get Form Here

In Texas, preparing for the future often involves taking steps to ensure decisions about one’s finances can be made, even when they're unable to make those decisions themselves. A critical tool for achieving this is the Texas Durable Power of Attorney form. This legal document grants an individual, known as the agent or attorney-in-fact, the authority to manage the financial affairs of the person who completes the form, known as the principal, in the event they become incapacitated. The form covers a wide range of financial decisions, from buying or selling property to managing bank accounts and investments. Uniquely, the 'durable' aspect of the power of attorney means that the agent’s power remains effective even if the principal loses the capacity to make informed decisions, differentiating it from other forms of power of attorney that may become null in such scenarios. Understanding the components, legal requirements, and the significance of this form is vital for anyone looking to safeguard their financial well-being in uncertain times.

Contents

Texas Durable Power of Attorney Example

Texas Durable Power of Attorney

This Durable Power of Attorney is enacted in accordance with the Texas Estates Code, Title 2, Subtitle P, Chapter 751 (Durable Powers of Attorney) and establishes the appointment of an agent to make decisions on behalf of the principal in the state of Texas.

Principal Information

Full Name: ___________________________
Address: _____________________________
City: ________________________________
State: Texas
Zip Code: ____________________________

Agent Information

Full Name: ___________________________
Address: _____________________________
City: ________________________________
State: _______________________________
Zip Code: ____________________________

Alternate Agent Information (Optional)

An alternate agent may act if the initial agent is unwilling, unable, or ineligible to serve.

Full Name: ___________________________
Address: _____________________________
City: ________________________________
State: _______________________________
Zip Code: ____________________________

Powers Granted

The agent is granted full authority to act on the principal's behalf, including but not limited to the following actions:

Real Property Transactions
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 military service
Retirement Plan Transactions
Tax Matters

Special Instructions

Any limitations on the agent's power or special instructions should be listed here:

_____________________________________________________________

Effectiveness and Duration

This Durable Power of Attorney shall become effective immediately upon execution and shall remain effective indefinitely unless a specific termination date is set forth here:

Termination Date (if applicable): _______________________________

Signatures

This document must be signed in the presence of a notary public or two adult witnesses.

Principal's Signature: ___________________________ Date: ___________

Agent's Signature: _______________________________ Date: ___________

Alternate Agent's Signature (if applicable): __________________ Date: ___________

Notary Public or Witness Signatures:

_______________________________ Date: ___________

Notice to Person Accepting the Appointment as Agent

You are not required to accept this appointment. However, if you choose to accept, you must act in accordance with the Texas Estates Code and the terms of this Durable Power of Attorney. You are expected to act in the principal's best interest, maintain accurate records, and avoid conflicts of interest. Failure to act responsibly may result in legal consequences.

⇓ PDF File

Form Overview

Fact Name	Description
Purpose	The Texas Durable Power of Attorney form is used to give someone else the legal authority to make decisions about your finances and property if you become unable to manage your own affairs.
Durability	This form remains effective even if the person who created it (the principal) becomes incapacitated. This is what makes it "durable" in legal terms.
Governing Law	It is governed by the Texas Estates Code, specifically Title 2, Chapter 751, which lays down the laws regarding durable powers of attorney in Texas.
Revocation	The principal can revoke a Texas Durable Power of Attorney at any time, as long as they are mentally competent. This revocation must be done in writing and provided to the attorney-in-fact (the person granted power) and any third parties dealing with the attorney-in-fact under the power of attorney.
Choosing an Agent	When selecting an agent for a Texas Durable Power of Attorney, it is important to choose someone trustworthy and competent to manage finances and make decisions, as they will have significant control over the principal's assets and possibly their livelihood.

Documents used along the form

When managing legal and financial affairs, the Texas Durable Power of Attorney form is a crucial document, but it's often just one piece of a comprehensive estate and personal planning puzzle. To ensure a well-rounded approach to one's estate management and health care wishes, several other forms and documents may complement the Texas Durable Power of Attorney.

Medical Power of Attorney: This document allows one to designate an agent to make health care decisions on their behalf if they become incapacitated.
Directive to Physicians and Family or Surrogates (Living Will): Expresses one's wishes regarding the use of medical treatments to prolong life in the event of a terminal or irreversible condition.
HIPAA Authorization: Permits designated individuals to access one's medical records, which is crucial for the management of health care decisions.
Declaration of Guardian in Advance: Allows one to choose who will be their guardian in the event of later incapacity, addressing decisions beyond health care.
Revocable Living Trust: Enables one to manage their assets while alive and distribute them after death, often facilitating estate administration without court involvement.
Last Will and Testament: Specifies how one's property should be distributed after death and can appoint guardians for minor children.
Declaration of Mental Health Treatment: Indicates one's preferences for mental health treatment in instances where they are unable to make decisions for themselves.
Financial Information Sheet: Although not a legal document, this organizes account numbers, passwords, and other critical financial information for the appointed agent.
Property Inventory: Lists assets, including real estate and personal property, which aids in financial management and estate planning.
Funeral Directive: Allows one to outline their preferences for funeral arrangements and final disposition of their remains.

In concert, these documents can provide a comprehensive roadmap for handling one’s affairs, reflecting their wishes accurately and ensuring their well-being and estate are managed according to their preferences. While the Texas Durable Power of Attorney form initiates this process, integrating other key documents can significantly enhance the clarity and effectiveness of one's personal and estate planning strategy.

Consider Some Other Durable Power of Attorney Templates for Specific States

Virginia Financial Power of Attorney - Having a Durable Power of Attorney in place is a wise strategy for anyone, regardless of age or health status, as life is unpredictable.

Georgia Financial Power of Attorney - Crucially, a Durable Power of Attorney can be tailored to fit specific needs, limiting or expanding the scope of the agent’s authority as preferred.

Power of Attorney Form Iowa - Empower a trusted friend or family member to oversee your financial decisions when you're unable to.

Financial Power of Attorney Form Idaho - A Durable Power of Attorney remains in effect until your death, unless you decide to revoke it while still competent.