Texas Power of Attorney Form: Free Statutory Durable POA

Statutory Durable Power of Attorney (Texas)

How to fill this in (delete these instructions before signing):

• In the powers list, initial line (O) to grant all powers (A)–(N), or initial only the powers you want to grant.

• Choose when it takes effect by crossing out one alternative under Effective Date: cross out Alternative (B) to make it effective now, or cross out Alternative (A) to make it effective only on your disability or incapacity.

• Sign and have your signature acknowledged before a notary (most notaries want to see you sign). No witnesses are needed.

• To allow gifts, initial both the gift line in Special Instructions and “Make a gift” in the Grant of Specific Authority block.

• If your agent will sign home equity loan documents, sign this form at the office of the lender, an attorney at law, or a title company.

• This form does not cover medical decisions. For those, use a Texas medical power of attorney.

STATUTORY DURABLE POWER OF ATTORNEY

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.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until:

(1) you die or revoke the power of attorney;

(2) your agent resigns, is removed by court order, or is unable to act for you; or

(3) a guardian is appointed for your estate.

I, [Your Full Legal Name], [Your Street Address, City, Texas ZIP], appoint [Agent’s Full Legal Name], [Agent’s Address][, and co-agent [Co-Agent’s Full Legal Name], [Co-Agent’s Address] (optional; delete if none)] as my agent to act for me in any lawful way with respect to all of the following powers that I have initialed below. (YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE, CO-AGENTS MAY ACT INDEPENDENTLY.)

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (O) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH (N).

TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING.

TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.

____ (A) Real property transactions;

____ (B) Tangible personal property transactions;

____ (C) Stock and bond transactions;

____ (D) Commodity and option transactions;

____ (E) Banking and other financial institution transactions;

____ (F) Business operating transactions;

____ (G) Insurance and annuity transactions;

____ (H) Estate, trust, and other beneficiary transactions;

____ (I) Claims and litigation;

____ (J) Personal and family maintenance;

____ (K) Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service;

____ (L) Retirement plan transactions;

____ (M) Tax matters;

____ (N) Digital assets and the content of an electronic communication;

____ (O) ALL OF THE POWERS LISTED IN (A) THROUGH (N). YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (O).

SPECIAL INSTRUCTIONS:

Special instructions applicable to agent compensation (initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable under the circumstances):

____ My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances.

____ My agent is entitled to reimbursement of reasonable expenses incurred on my behalf but shall receive no compensation for serving as my agent.

Special instructions applicable to co-agents (if you have appointed co-agents to act, initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to act independently):

____ Each of my co-agents may act independently for me.

____ My co-agents may act for me only if the co-agents act jointly.

____ My co-agents may act for me only if a majority of the co-agents act jointly.

Special instructions applicable to gifts (initial in front of the following sentence to have it apply):

____ I grant my agent the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift.

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.

[Optional examples. An example applies only if you initial it and fill in its blanks. Delete the ones you do not use.]

____ (initial to include) This power of attorney revokes all statutory durable powers of attorney and other durable powers of attorney for property and financial matters that I signed before this date, but not any medical power of attorney, except: [describe any you want to keep, or write “none”].

____ (initial to include) My agent’s authority does not terminate if my marriage to my agent is dissolved by a court decree of divorce or annulment or is declared void by a court.

____ (initial to include) My agent may not sell my homestead at [Address] without the written consent of [Name].

________________________________________

________________________________________

[Optional block. Leave all of its lines blank if you do not want your agent to have these powers.]

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent. If you DO NOT want to grant your agent one or more of the following powers, you may also CROSS OUT a power you DO NOT want to grant.)

____ Create, amend, revoke, or terminate an inter vivos trust

____ Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney Act (Section 751.032, Estates Code) and any special instructions in this power of attorney

____ Create or change rights of survivorship

____ Create or change a beneficiary designation

____ Authorize another person to exercise the authority granted under this power of attorney

EFFECTIVE DATE

UNLESS YOU DIRECT OTHERWISE BELOW, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT TERMINATES.

CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:

(A) This power of attorney is not affected by my subsequent disability or incapacity.

(B) This power of attorney becomes effective upon my disability or incapacity.

YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.

IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).

If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician’s medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.

I agree that any third party who receives a copy of this document may act under it. Termination of this durable power of attorney is not effective as to a third party until the third party has actual knowledge of the termination. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. The meaning and effect of this durable power of attorney is determined by Texas law.

If any agent named by me dies, becomes incapacitated, resigns, refuses to act, or is removed by court order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or annulment or is declared void by a court (unless I provided in this document that the dissolution or declaration does not terminate the agent’s authority to act under this power of attorney), I name the following (each to act alone and successively, in the order named) as successor(s) to that agent: [First Successor Agent’s Full Legal Name and Address]; [Second Successor Agent’s Full Legal Name and Address, or “none”].

Signed this [Day] day of [Month], [Year]

___________________________
(your signature)
[Your Printed Name]

State of [State]
County of [County]

This document was acknowledged before me on [Date] by [Name of Principal].

___________________________
(signature of notarial officer)
(Seal, if any, of notary)
[Notary’s Printed Name]
My commission expires: [Date]

[If notarized online, the notary’s certificate must say it is an online notarization and whether you signed by hand (a tangible symbol) or electronically (Gov’t Code § 406.110(d)). Delete this note if the notarization is not online.]

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, you establish a “fiduciary” relationship with the principal. This is a special legal relationship that imposes on you legal duties that continue until you resign or the power of attorney is terminated, suspended, or revoked by the principal or by operation of law. A fiduciary duty generally includes the duty to:

(1) act in good faith;

(2) do nothing beyond the authority granted in this power of attorney;

(3) act loyally for the principal’s benefit;

(4) avoid conflicts that would impair your ability to act in the principal’s best interest; and

(5) disclose your identity as an agent when you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

In addition, the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code) requires you to:

(1) maintain records of each action taken or decision made on behalf of the principal;

(2) maintain all records until delivered to the principal, released by the principal, or discharged by a court; and

(3) if requested by the principal, provide an accounting to the principal that, unless otherwise directed by the principal or otherwise provided in the Special Instructions, must include:

(A) the property belonging to the principal that has come to your knowledge or into your possession;

(B) each action taken or decision made by you as agent;

(C) a complete account of receipts, disbursements, and other actions of you as agent that includes the source and nature of each receipt, disbursement, or action, with receipts of principal and income shown separately;

(D) a listing of all property over which you have exercised control that includes an adequate description of each asset and the asset’s current value, if known to you;

(E) the cash balance on hand and the name and location of the depository at which the cash balance is kept;

(F) each known liability;

(G) any other information and facts known to you as necessary for a full and definite understanding of the exact condition of the property belonging to the principal; and

(H) all documentation regarding the principal’s property.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates or suspends this power of attorney or your authority under this power of attorney. An event that terminates this power of attorney or your authority to act under this power of attorney includes:

(1) the principal’s death;

(2) the principal’s revocation of this power of attorney or your authority;

(3) the occurrence of a termination event stated in this power of attorney;

(4) if you are married to the principal, the dissolution of your marriage by a court decree of divorce or annulment or declaration that your marriage is void, unless otherwise provided in this power of attorney;

(5) the appointment and qualification of a permanent guardian of the principal’s estate unless a court order provides otherwise; or

(6) if ordered by a court, your removal as agent (attorney in fact) under this power of attorney. An event that suspends this power of attorney or your authority to act under this power of attorney is the appointment and qualification of a temporary guardian unless a court order provides otherwise.

Liability of Agent

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.

Annex A (Optional): Certification of Durable Power of Attorney by Agent

[Do not fill this in when you sign. The agent completes it later, only if a bank or other person asks for it before accepting this power of attorney. The agent signs it under penalty of perjury and attaches a true copy of the power of attorney (Estates Code § 751.203).]

CERTIFICATION OF DURABLE POWER OF ATTORNEY BY AGENT

I, [Agent’s Full Legal Name], certify under penalty of perjury that:

1. I am the agent named in the power of attorney validly executed by [Principal’s Full Legal Name] (“principal”) on [Date], and the power of attorney is now in full force and effect.

2. The principal is not deceased and is presently domiciled in [City and State/Territory or Foreign Country].

3. To the best of my knowledge after diligent search and inquiry:

a. The power of attorney has not been revoked by the principal or suspended or terminated by the occurrence of any event, whether or not referenced in the power of attorney;

b. At the time the power of attorney was executed, the principal was mentally competent to transact legal matters and was not acting under the undue influence of any other person;

c. A permanent guardian of the estate of the principal has not qualified to serve in that capacity;

d. My powers under the power of attorney have not been suspended by a court in a temporary guardianship or other proceeding;

e. If I am (or was) the principal’s spouse, my marriage to the principal has not been dissolved by court decree of divorce or annulment or declared void by a court, or the power of attorney provides specifically that my appointment as the agent for the principal does not terminate if my marriage to the principal has been dissolved by court decree of divorce or annulment or declared void by a court;

f. No proceeding has been commenced for a temporary or permanent guardianship of the person or estate, or both, of the principal; and

g. The exercise of my authority is not prohibited by another agreement or instrument.

4. If under its terms the power of attorney becomes effective on the disability or incapacity of the principal or at a future time or on the occurrence of a contingency, the principal now has a disability or is incapacitated or the specified future time or contingency has occurred.

5. I am acting within the scope of my authority under the power of attorney, and my authority has not been altered or terminated.

6. If applicable, I am the successor to [Predecessor Agent’s Name], who has resigned, died, or become incapacitated, is not qualified to serve or has declined to serve as agent, or is otherwise unable to act. There are no unsatisfied conditions remaining under the power of attorney that preclude my acting as successor agent.

7. I agree not to:

a. Exercise any powers granted by the power of attorney if I attain knowledge that the power of attorney has been revoked, suspended, or terminated; or

b. Exercise any specific powers that have been revoked, suspended, or terminated.

8. A true and correct copy of the power of attorney is attached to this document.

9. If used in connection with an extension of credit under Section 50(a)(6), Article XVI, Texas Constitution, the power of attorney was executed in the office of the lender, the office of a title company, or the law office of [Name of Law Office].

Date: [Month Day], [Year].

___________________________
(signature of agent)
[Agent’s Printed Name]

Before You Sign (Delete This Section)

• In the powers list, initial line (O) alone to grant everything. Do not initial (O) and the other lines, and do not leave every line blank. To withhold a power, leave its line blank.

• Effective date: cross out, do not initial. If you cross out neither Alternative (A) nor Alternative (B), the power of attorney is effective immediately.

• Alternative (B) needs a physician’s certification later. Unless your document defines incapacity differently, your agent can act only after a physician certifies in writing, at a later date, that you are mentally incapable of managing your financial affairs (Estates Code § 751.00201). A bank may ask the agent for a physician’s written statement with the agent’s certification (§ 751.203(a)).

• Line (O) does not grant the five acts in § 751.031(b): trusts, gifts, survivorship rights, beneficiary designations and delegating authority. Your agent gets them only if this document grants them expressly; the simplest way is to initial them in the Grant of Specific Authority block (§ 751.031(b)). To allow gifts, initial both the gift line in Special Instructions and “Make a gift” in that block, so the two do not conflict. Even then, an agent who is not your ancestor, spouse or descendant may not use them to benefit themselves or someone they must support, unless this document allows it (§ 751.031(c)).

• Sign and have your signature acknowledged before a notary. Without the acknowledgment, the document is not a durable power of attorney under § 751.0021. Witnesses alone are not enough, and none are required.

• Home equity. If your agent will sign home equity loan documents, sign this at the office of the lender, an attorney at law, or a title company (the form’s NOTICE; 7 Tex. Admin. Code § 153.15(2), interpreting Tex. Const. art. XVI, § 50(a)(6)(N)). A lender may rely on a statement in the power of attorney of the date and place it was signed, so you can add one to the special instructions: “Signed at [office address of the lender, attorney or title company].”

• Real estate. If your agent signs a deed, deed of trust or other recordable real estate document, record this power of attorney with the county clerk of the county where the property is located no later than the 30th day after that document is filed (§ 751.151). A title company may ask for a power of attorney that identifies the property; check with it before closing.

• A new power of attorney does not cancel the old one unless it says so (§ 751.135). Use the optional revocation line in the special instructions, or revoke the old one in writing.

• Spouse as agent. The authority ends if a court ends the marriage by divorce or annulment or declares it void, unless the document says otherwise (§ 751.132(a)(3)).

• Capacity. You must understand what you are signing. If you are helping someone who has already lost capacity, a power of attorney is no longer an option; the route is a court guardianship.

• This is not legal advice. The powers are broad. Talk to a Texas attorney if anything is unclear.