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Texas Statutory Durable Power of Attorney Form

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Updated on October 25th, 2021

A Texas statutory durable power of attorney is a legal document that provides an agent the authority to act on behalf of a Texas resident in handling their finances. The “durable” nature of the power of attorney applies to its effectiveness while the principal is incapacitated; the authority granted persists even when the individual can no longer think or act for themselves. Indeed, it is often the case that such an agreement is drafted so that it only becomes effective upon the principal’s incapacitation. It is essential that the chosen agent is someone that the principal can trust will carry out their instructions and act in the principal’s best interest.

LawsTitle 2, Chapter 751 (Durable Powers of Attorney)

Signing Requirements (§ 751.0021) – Notary Public

Statutory Form§ 752.051

State Definition

Statute§ 751.002(4)

“Durable power of attorney” means a writing or other record that complies with the requirements of Section 751.0021(a) or is described by Section 751.0021(b).