What Is a Power of Attorney in Texas?
Under Texas law, a power of attorney (POA) lets you, the principal, hand specific decision-making power to someone else, known as your agent.
What that agent can actually do depends on the type of POA you set up, and typically includes:
- Paying bills and managing bank accounts
- Buying, selling, or managing real estate
- Filing taxes or applying for benefits
- Signing contracts on your behalf
- Making medical decisions if you're unable to
- Handling one specific transaction
Texas Power of Attorney Requirements
Texas sets its rules out in Estates Code Chapter 751. The main requirements include:
- The principal's signature, or another adult signing at the principal's direction and in their presence
- Notary acknowledgment before an officer authorized to take acknowledgments
- Clear designation of the agent and the powers granted
- Wording confirming the POA continues if you become incapacitated
Unlike some states, Texas doesn't require witnesses for a general or durable POA, just notarization.
Durability isn't automatic either: without the right wording, a Texas POA ends the moment you become incapacitated. Texas also still permits a "springing" POA that only takes effect once you're incapacitated.
Types of Texas Power of Attorney
Not every Texas power of attorney form serves the same purpose.You can use different POAs depending on what you need an agent to do. Here are some of the most common types:
- General: Gives your agent broad authority to manage financial, business, property, and legal matters.
- Medical: Allows your agent to make healthcare decisions on your behalf.
- Durable: Remains effective if the principal later becomes incapacitated.
- Limited: Restricts the agent’s authority to a particular task, transaction, or period.
- Minor child: Authorizes the agent to handle certain decisions involving a child.
- Springing: Becomes effective only after a specified event or condition occurs.
- Real estate: Allows an agent to act in connection with certain property transactions.
- DMV: Authorizes another person to complete vehicle, title, or registration-related actions.
General Power of Attorney in Texas
Residents commonly turn to a general power of attorney form when they need an agent for day-to-day financial and legal matters.
The agent can usually make decisions about:
- Bank accounts
- Contracts
- Property
Without added durability wording, this authority lapses the moment you're incapacitated. It also ends whenever you revoke it, or when you pass away.
Create Your Texas General Power of Attorney
Medical Power of Attorney in Texas
This document puts your agent in charge of healthcare choices on your behalf. It only takes effect once a physician confirms you're no longer able to communicate those choices yourself.
Under the Health and Safety Code Chapter 166, the Texas health care power of attorney requires two witnesses, or a notary acknowledgment instead.
People who cannot serve as a witness include:
- Your named agent
- A relative by blood or marriage
- Anyone who'd inherit from your estate
- Your attending physician or their employee
Create Your Texas Medical Power of Attorney
Durable Power of Attorney in Texas
Unlike a standard POA, a durable power of attorney keeps working even after you lose the capacity to manage things yourself. Adult children often set one up on behalf of an elderly parent.
Texas does not treat any POA as durable automatically. You need specific language for that protection to kick in.
Create Your Texas Durable Power of Attorney
Limited Power of Attorney in Texas
Need an agent's authority to stop after one job? This type of document does exactly that. It gives authority to handle a specific task rather than manage your affairs more broadly. For example, you might use it to authorize someone to sell a car or close on a home on your behalf.
Also known as special power of attorney, this type of POA should define the exact task or transaction covered by the document. This helps guarantee that there is no confusion about the agent’s role. You can also add the date it starts and the date the authority runs out.
Create Your Texas Limited Power of Attorney
Minor Child Power of Attorney in Texas
Parents may need to temporarily give another trusted adult authority to make certain decisions for their child. This can be done with a child power of attorney.
Parents can give another adult to make decisions about the child’s medical care, school enrollment, or other day-to-day needs.
Texas law also provides an Authorization Agreement for Nonparent Adult Caregivers under Family Code Chapter 34 for certain temporary caregiving arrangements.
Create Your Texas Minor Child Power of Attorney
How to Get Power of Attorney in Texas
Ready to put one together? Lumr's template offers you a ready-to-sign template in just a few minutes. Follow the steps below to fill it out.
- 1
Choose the type of POA you want to make
Decide which form fits: general, durable, medical, limited, minor, or another type suited to what you need your agent to handle.
- 2
Add relevant agent and principal details
Provide your full legal name along with your agent's, and name a backup agent too if that's something you want in place.
- 3
State what authority the agent has
Mark out exactly which powers apply, whether that's financial, healthcare, property-related, or something else entirely.
- 4
Download your printable power of attorney form for Texas
Once it's complete and you have checked that all details are correct, save a copy and print it out so it's ready to sign.
- 5
Sign the form before a notary, or witnesses for a medical POA
A notary needs to witness your signature for most POA types, while a medical power of attorney also accepts two qualified witnesses instead.
- 6
Keep a copy for your records and share it with relevant parties
Store the signed original in a safe place. You should provide copies to your agent, plus any bank, hospital, or office that might need to see it.