Texas Power of Attorney Forms

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Last updated September 27th, 2023

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Texas power of attorney forms are documents that enable an individual to elect a representative to act and make decisions on their behalf. These forms enable the individual (referred to in the document as the principal) to elect a trusted third party (called an agent) to execute tasks in accordance with the document creator’s wishes. An example of an agent might be a trusted family member asked to oversee the principal’s end of life care, or a tax accountant hired to take care of a business owner’s tax filings. Regardless, it is the agent’s responsibility to act in a manner that serves the best interests of the principal.

By Type (10)

  1. Advance Directive
  2. Durable
  3. General
  4. Limited
  5. Living Will
  6. Medical
  7. Motor Vehicle (Form VTR-271)
  8. Minor (Child)
  9. Real Estate
  10. Tax (Form 85-113)

Advance Directive – An advance directive is a legal instrument used to assign a health care agent and define the medical treatments and procedures to which the principal consents.

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Signing requirements (§ 166.032 & § 166.154): Two (2) witnesses OR Notary Public

 

Durable Power of Attorney – This power of attorney can ensure that the agent will continue to have the authority to manage the principal’s finances even after they’ve been rendered incapacitated.

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Signing requirements (§ 751.0021): Notary Public

 

General (non-durable) Power of Attorney – A non-durable power of attorney is one that terminates once the principal is incapacitated. “General” is in regard to the broad scope of the agent’s authority over the principal’s finances.

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Signing requirements (§ 751.0021): Notary Public

 

Limited Power of Attorney – The limited power of attorney form is used when an individual wants their selected agent to carry out a specific task or specific set of tasks.

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Signing requirements (§ 751.0021): Notary Public

 

Living Will – A living will is a written document that expresses the principal’s preferences for medical treatment if they are unable to communicate their wishes.

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Signing requirements (§ 166.032): Two (2) witnesses OR Notary Public

 

Medical Power of Attorney – This type of power of attorney form can be completed to elect a health care representative.

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Signing requirements (§ 166.054): Two (2) witnesses OR Notary Public

 

Motor Vehicle (Form VTR-271) Power of Attorney – A motor vehicle power of attorney is used by the owner of a vehicle to enlist an agent to handle certain responsibilities with the Department of Motor Vehicles.

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Signing requirements: Vehicle owner

 

Minor (Child) Power of Attorney – The principal may select a trusted temporary guardian using a minor child power of attorney.

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Signing requirements (Sec. 34.004): Notary Public

 

Real Estate Power of Attorney – A power of attorney for real estate is a form that grants an agent the authority to buy and sell real estate on behalf of the principal.

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Signing requirements (§ 751.0021): Notary Public

 

Tax (Form 01-137) Power of Attorney – Anyone managing an individual’s taxes on their behalf must be operating with a signed tax power of attorney form.

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Signing requirements: Taxpayer