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Texas durable power of attorney

A Texas durable power of attorney must be acknowledged before a notary public. No witness alternative exists under Tex. Est. Code 751.0021. It must also say it is not affected by subsequent disability or incapacity.

1
Notary acknowledgment required
0
Witnesses required

Texas Estates Code 751.0021, read Oct 5, 2026. See source

On this page
  1. Key facts
  2. What the statute says
  3. Power of attorney types in Texas
  4. How to execute a Texas durable POA
  5. Texas power of attorney questions
  6. Online power of attorney documents
  7. Sources

Key facts

  • A Texas durable POA must be acknowledged before a notary public. No witness alternative exists under section 751.00211.
  • A durable POA survives incapacity because it says so in writing2.
  • A financial POA does not cover medical decisions - use a medical power of attorney or advance directive for healthcare3.
  • An agent may not make gifts to themselves unless the document expressly grants that authority.

What the statute says

Texas Estates Code 751.0021(a) sets out four requirements for a durable power of attorney. It must be a writing or other record designating the agent and granting authority. It must be signed by an adult principal (or by another adult in the principal's conscious presence and by the principal's direction). It must contain language stating the instrument is not affected by subsequent disability or incapacity of the principal, or similar words. Finally, it must be acknowledged by the principal before an officer authorized under the laws of this state or another state to take acknowledgments to deeds of conveyance and administer oaths1.

Notary acknowledgment is the only execution requirement beyond the writing and signature. There is no witness alternative under this statute. Most online services guide you through the acknowledgment step automatically.

LawDepot distinguishes three types: a durable power of attorney stays valid if you become incapacitated; an ordinary one ends on incapacity; and a springing one takes effect only after a triggering event. A financial power of attorney under any of these types does not cover medical decisions3.

Power of attorney types in Texas

TypeStartsSurvives incapacity
Durable1On signingYes - that is the point of the durable language
Ordinary (non-durable)3On signingNo - ends when you become incapacitated
Springing3After a triggering event (e.g., incapacity)Depends on the document's language
SourceTexas Estates Code 751.0021 and LawDepot POA pageRead Oct 5, 2026Texas Estates Code 751.0021 and LawDepot POA pageRead Oct 5, 2026

How to execute a Texas durable POA

  1. Step 1

    Draft the document with the durable language

    Include words to the effect of 'This power of attorney is not affected by subsequent disability or incapacity of the principal.' Online services include this by default.

  2. Step 2

    Sign in front of a notary public

    The notary completes the acknowledgment certificate required by section 751.0021(a)(4). No witnesses are required.

  3. Step 3

    Give a copy to your agent

    Your agent will need to present the POA to banks and other institutions. Keep the original in a safe place.

  4. Step 4

    Notify institutions that will rely on it

    Banks and brokerages may have their own acceptance procedures. Some require their own forms alongside your POA.

Texas power of attorney questions

Does a Texas POA need witnesses?

No. Texas Estates Code 751.0021(a) requires acknowledgment before an authorized officer (typically a notary public). No witnesses are required1.

Can my agent make gifts to themselves?

Not unless the document expressly grants that authority. The Texas Estates Code restricts self-dealing by agents.

What is the difference between a durable and a springing POA?

A durable POA takes effect on signing and remains valid if you become incapacitated. A springing POA takes effect only after a triggering event, such as a doctor's determination of incapacity3.

How do I revoke a Texas POA?

Sign a written revocation and deliver it to your agent. Notify every institution relying on the original. See the guide on revoking a power of attorney.

Online power of attorney documents

Good for choosing durable, ordinary or springing with a Texas questionnaire

LawDepot

See LawDepot POA

Good for a financial power of attorney from online questions

LegalZoom

Listed price
Basic $39, Premium $49
Checked
Oct 6, 2026
See LegalZoom plansOpens LegalZoom's site. Not a referral link.

Sources

  1. Texas Estates Code 751.0021, Requirements for Durable Power of AttorneyTexas Legislature Online, read Oct 5, 2026
  2. Texas Estates Code chapter 751, Durable Power of AttorneyTexas Legislature Online, read Oct 5, 2026
  3. LawDepot power of attorney form, types and definitionsLawDepot, read Oct 5, 2026
  4. Powers of attorney research guideTexas State Law Library, read Oct 5, 2026

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