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Texas Power of Attorney

The Texas Power of Attorney document is a powerful yet simple document that allows a person to transfer their own decision-making power to someone else they trust. The power of attorney form comes in many different forms and allows a person, referred to as a Principal to convey this authority to an able-bodied, trustworthy person (known as an Agent) to make decisions in areas pertaining to finances, healthcare, real estate, and more. In Texas, Title 2, Chapter 751 regulates and sets the standard for all power of attorney documents used in the state. Pertaining to Healthcare Power of Attorney documents, Title 2 prescribes that all Medical Power of Attorney documents must be signed in the presence of at least two (2) subscribing witnesses. Additionally, all Medical Power of Attorney Forms must be in statutory form and accompanied by the mandatory disclosure agreement. All other power of attorney forms come with their own signing requirements as prescribed by the state. Most power of attorney forms in Texas require notarization before they can be legally enforced.

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How to Complete a Texas Power of Attorney

The first step to completing a Texas Power of Attorney is choosing the type of power of attorney form that you need. Here are a few power of attorney forms are available to you in the state of Texas:

  • General Power of Attorney - Handles financial needs; terminates automatically if the Principal becomes incapacitated
  • Durable Power of Attorney - Also handles financial needs, but remains in effect if the Principal becomes incapacitated
  • Limited Power of Attorney - Can be limited to exactly what the Principal needs
  • Medical Power of Attorney - Allows the Principal to designate someone who will make medical decisions should they become incapacitated
  • Guardian of a Minor Power of Attorney - Allows the Principal to put their child in the care of another adult for a period of time

Once you've chosen a type of power of attorney form to use, the first piece of information that you will need to provide as the Principal is your first and last name, along with your complete address. Next, you should provide information on your Agent. This will consist of his or her full name, address, and a reliable contact number. Once your Agent has been identified, you should then describe the powers that he or she will or will not have. Once the document has been completed, you should sign it. Depending on what type of power of attorney document you use, you may have to sign in the presence of two (2) witnesses or have the document notarized. Once completed, the document may then be given to any necessary institutions, the Agent, or any physician so that it may be made part of your medical records.

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Texas Power of Attorney

Step-by-step Guide to Writing a Texas Power of Attorney