Durable Power of Attorney
State of Texas
Power of Attorney Type
How and when should this POA take effect?
Almost always yes for estate planning purposes — a non-durable POA automatically ends if you lose capacity.
Durable Power of Attorney — State of Texas
State of Texas
DESIGNATION OF AGENT
I, [principal_name] ("Principal"), of [principal_address], reachable at [principal_phone] and [principal_email], hereby appoint:
[agent_name] ("Agent"), my [agent_relationship], of [agent_address], reachable at [agent_phone] and [agent_email],
as my true and lawful attorney-in-fact, to act in my name, place, and stead in the manner set forth in this document.
SUCCESSOR AGENT
If [agent_name] is unable or unwilling to serve as Agent, [successor_agent_name], of the address on file, shall serve as successor Agent with the same powers granted herein.
DURABILITY
THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE SUBSEQUENT DISABILITY OR INCAPACITY OF THE PRINCIPAL. This is a Durable Power of Attorney and shall remain in full force and effect notwithstanding the later incapacity or mental disability of the Principal.
EFFECTIVE DATE
This Power of Attorney shall become effective immediately upon execution by the Principal.
POWERS GRANTED
Agent shall have general authority to act on behalf of the Principal in financial and legal matters, including but not limited to: banking and financial transactions, contracts, tax matters, business operations, and legal claims. This includes authority over real estate transactions, including buying, selling, leasing, and encumbering real property. This includes authority over banking and financial accounts, including deposits, withdrawals, and account management.
GIFTS
Agent is NOT authorized to make gifts of the Principal's property or assets to any person, including Agent, unless separately and expressly authorized in writing by the Principal.
COMPENSATION
Agent shall serve without compensation, but shall be entitled to reimbursement for reasonable expenses incurred in carrying out their duties under this Power of Attorney.
TERMINATION
This Power of Attorney shall terminate upon the earliest of: (a) the Principal's death; (b) the Principal's revocation of this Power of Attorney in writing; (c) the Agent's resignation, death, or incapacity, if no successor agent is named or able to serve; or (d) if applicable, a date or event specifically stated elsewhere in this document.
AGENT'S DUTIES
Agent accepts the duties of a fiduciary and agrees to act in the best interest of the Principal, to keep Agent's own property separate from Principal's property, and to keep accurate records of all transactions conducted on Principal's behalf.
This Power of Attorney does not authorize Agent to make health care decisions. A separate health care power of attorney or advance directive is required for medical decision-making authority.
GENERAL PROVISIONS
This Power of Attorney shall be governed by the laws of the State of Texas.
Third parties may rely on this Power of Attorney and on a copy or electronic copy as they would on the original.
Principal may revoke this Power of Attorney at any time by providing written notice to the Agent and to any third parties relying on it.
AGENT'S ACCEPTANCE
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.
Agent Signature: ______________________________ Date: ____________
EXECUTION
This Power of Attorney is acknowledged before a notary public as required under the law of Texas.
NOTARY ACKNOWLEDGMENT
State of Texas
County of ______________________________
On this ______ day of ______________, 20____, before me, the undersigned notary public, personally appeared [principal_name], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that they executed it for the purposes stated herein.
Notary Public Signature: ______________________________
[Notary Seal] My commission expires: ____________
State-Required Provisions
TEXAS STATUTORY WARNING (Tex. Est. Code § 752.051): 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.
Signatures
Principal: [principal_name]
Date: ________________
Agent: [agent_name]
Date: ________________
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