If you need to grant someone the legal authority to make decisions on your behalf in Texas, you’ll need to fill out a power of attorney (POA) form.
This step-by-step guide will walk you through the process of properly completing a Texas power of attorney form to ensure your wishes are carried out correctly.
Step 1: Choose the Right Type of Power of Attorney
The first step is deciding which type of power of attorney best suits your needs:
- General Power of Attorney: Grants broad powers to an agent to act on your behalf. These powers end if you become incapacitated.
- Durable Power of Attorney: Remains in effect even if you become incapacitated. This is the most common type.
- Special or Limited Power of Attorney: Grants specific powers for a limited purpose or time.
- Medical Power of Attorney: Allows your agent to make healthcare decisions on your behalf if you are unable to do so.
Consider your situation carefully to select the POA that provides the appropriate authority to your agent.
Step 2: Select Your Agent(s)
Your next critical task is choosing the person (or persons) you want to designate as your agent(s). This should be someone you trust to handle your affairs responsibly and act according to your wishes. You can name multiple agents to serve jointly or separately.
It’s wise to also name a successor agent in case your primary agent is unavailable or unable to serve.
Step 3: Obtain the Proper Texas Power of Attorney Form
Texas does not have a required statutory form, but the POA document must meet certain requirements to be valid. You can get POA forms online from the Texas legislature’s website, through an attorney, or via legal aid offices. Make sure you are using a form that complies with the Texas Estates Code, which governs powers of attorney.
Key requirements include:
- The principal’s name and address
- The agent’s name and address
- A clear explanation of the powers being granted
- The principal’s signature
- Notarization (for real estate transactions and some other purposes)
- Attestation by two witnesses or acknowledgement by a notary (for durable POA)
Step 4: Fill Out the POA Form with the Necessary Information
With your form in hand, begin filling in all required information. Write clearly and legibly in blue or black ink. The form will likely include prompts for:
- The principal’s full legal name and address
- The agent’s full legal name and address
- Alternate or successor agent(s) names and addresses, if applicable
- The powers you are granting to your agent
- When the powers will take effect (immediately or upon incapacitation)
- How long the powers will last (a set time period or indefinitely)
- Any special instructions or limitations on the agent’s powers
Be thorough and specific in describing the powers to avoid confusion or challenges later. Consult an attorney if you have questions.
Step 5: Check Over the Form Carefully
Before signing, review the entire document word by word. Make sure names are spelled correctly, addresses are accurate, and your wishes are specified clearly. If you spot an error, neatly cross it out and write the correction above, then initial next to the change. Any mistakes could potentially invalidate the POA.
Step 6: Sign and Date the Power of Attorney
For your POA to be legally valid, you as the principal must sign and date it. Do this in front of the required witnesses and/or a notary, in accordance with Texas law. Currently, Texas requires either attestation by two witnesses or the principal’s acknowledgment before a notary public for a durable power of attorney.
For a real estate transaction, the POA must be signed before a notary. Some financial institutions or other third parties may have their own signing requirements as well.
Step 7: Have the POA Properly Witnessed and Notarized
As noted above, you’ll need to have your signature on a durable POA either attested to by two adult witnesses or acknowledged before a notary. The witnesses should be disinterested parties not named in or affected by the POA.
If notarization is necessary, take the POA to a licensed Texas notary public. You’ll need to present a valid photo ID and sign in the notary’s presence. The notary will then affix their seal to the POA. There will likely be a small fee for the notary’s services.
Step 8: Distribute Copies of the Signed Power of Attorney
Once your POA is fully executed, make several copies of the completed document. Give the original to your named agent, and provide copies to any financial institutions, healthcare providers, or other third parties that will be dealing with your agent.
It’s a good idea to keep a copy yourself in a secure location and to let trusted family members know where to find it. You may wish to record the POA in the county clerk’s office for important transactions.
Tips on Filling Out a Power of Attorney Form in Texas
When completing a power of attorney (POA) form in Texas, keep these tips in mind to ensure the document is valid and meets your needs:
- Be specific about the powers you’re granting. Clearly state the scope of authority you want your agent to have. Vague or overly broad language can lead to confusion or potential misuse of power.
- Make sure your form complies with Texas law. While Texas doesn’t require a statutory form, your POA must contain certain elements to be legally binding. These include the principal and agent’s names and signatures, the powers being conveyed, and proper witnessing or notarization. Use a form that meets the requirements of the Texas Estates Code.
- Choose your agent carefully. Your agent should be someone you fully trust to act responsibly and make decisions in your best interest. Have an in-depth conversation with them about your wishes and values before appointing them.
- Consider naming a successor agent. In case your primary agent is unable or unwilling to serve, designating a backup agent can prevent problems down the road. Make sure to provide the successor agent’s full name and address on the form.
- Be consistent in your designations. If you have other estate planning documents like a medical directive or living will, ensure your choice of agent is consistent across them. Naming different people can create conflict if more than one tries to assume authority.
- Specify when the POA takes effect. You can have your POA become effective immediately upon signing, at a future date, or only if you become incapacitated. Think carefully about which option best fits your situation.
- Decide on the durability of your POA. In Texas, a POA is considered “durable” if it remains in force even if you become mentally incompetent. If you want your agent to retain authority in such a scenario, make sure the POA form expressly states that it is durable.
- Review and proofread before signing. Carefully check the completed form for any errors, omissions, or inconsistencies. Even a small mistake can potentially invalidate the POA. If you find an error while reviewing, neatly cross it out, write in the correction, and initial beside it.
- Follow proper signing procedures. Texas law requires a durable POA to be either signed in the presence of two witnesses or acknowledged before a notary. Some POAs, like those for real estate transactions, must be notarized. Be prepared with a valid ID if notarization is needed.
- Keep lines of communication open. Discuss your POA with your loved ones so everyone is on the same page. Let your family know who you’ve chosen as your agent and successor, and where to find your POA documents if needed. Provide copies of the signed POA to all involved parties.
By following these guidelines, you can have greater peace of mind that your power of attorney in Texas will be comprehensive, legally enforceable, and reflective of your true intentions.
Conclusion
Filling out a power of attorney form in Texas involves several key steps to ensure the document is valid and comprehensive. Take your time in selecting your agent and specifying the powers you wish to grant. Be meticulous in reviewing and completing the form, and always comply with Texas’s signing and witnessing requirements.
By following these steps, you can have confidence that your power of attorney will be legally sound and that your affairs will be managed according to your desires even if you become unable to handle them yourself.
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FAQs
A power of attorney is a legal document that allows you (the principal) to appoint someone else (your agent or attorney-in-fact) to act on your behalf in financial, legal, or medical matters. The agent’s powers can be broad or limited in scope.
In Texas, your agent must be an adult (at least 18 years old) and of sound mind. It should be someone you trust to manage your affairs responsibly and make decisions in line with your known values and preferences. You can name almost anyone except a paid healthcare provider.
No, an attorney is not required to obtain a valid power of attorney in Texas. However, it’s always wise to consult with a legal professional to make sure the form is correctly filled out and properly executed, especially if there are complex circumstances involved. An attorney can also tailor the POA to your exact needs.
In Texas, you have the option to have two adult witnesses attest to your signature on a durable POA or to have your signature acknowledged before a notary public. Witnessing involves the witnesses watching you sign and then signing statements that they did so. Notarization entails signing the document in the presence of a state-licensed notary, who verifies your identity and then affixes an official seal to the POA. Some special purpose POAs, like those for real estate, require notarization.
Yes, as long as you are of sound mind, you can alter or revoke a power of attorney at any time. It is best to put the revocation in writing and supply copies to your agent(s) and any institutions or individuals who have been relying on the POA. If you change your mind, it is crucial to notify all involved parties immediately to avoid confusion or potential abuse.
