How do I create a power of attorney in Texas?

Texas modernized its POA law in 2017 to substantially conform to the UPOAA.

1. Governing Law

Tex. Est. Code Ch. 751 (Durable Power of Attorney Act, general provisions) and Ch. 752 (Statutory Durable Power of Attorney). Texas is UPOAA-adopted with modifications.

2. Types

General vs limited (special).

Durable (survives incapacity) vs non-durable.

Springing — allowed but disfavored; requires clear triggering definition.

Medical POA — separate under Tex. Health & Safety Code § 166.151 et seq.

3. Statutory Form

Tex. Est. Code § 752.051 provides a Statutory Durable POA form. Optional but widely used; agents and third parties recognize it readily.

4. Execution Formalities

Under § 751.0021, the POA must be signed by the principal (or in principal's presence at principal's direction) and acknowledged before a notary public. No witnesses required for a financial POA. Medical POA requires either two witnesses OR notarization under Health & Safety Code § 166.154.

5. Durability

Texas presumes durability — under § 751.002, a POA is durable unless it expressly states it terminates on the principal's incapacity.

6. Acceptance by Third Parties

Tex. Est. Code §§ 751.201-751.213 (mirroring UPOAA § 120) require acceptance within a reasonable time. A person may request an agent certification or English translation but cannot demand more. Wrongful refusal exposes the third party to a court order plus attorney fees (§ 751.212).

7. Revocation

Principal may revoke at any time in writing (§ 751.0023). Notice to agent and third parties required. If recorded (real estate), file revocation in the same county. POA terminates on principal's death or court-appointed guardian (§ 751.131).

8. Special Authorities

Hot powers — gifts, beneficiary designations, trust creation/amendment, survivorship rights — require express grant under § 751.031(b).

This is legal information, not legal advice.