Power of Attorney Form for Texas Download

STATUTORY DURABLE POWER OF ATTORNEY

DOCUMENT CONTROL & JURISDICTION

• Effective Date: [Effective Date]
• Document Version: 4.2 (Texas Estates Code Compliant)
• Jurisdiction/Scope: State of Texas (Texas Estates Code, Chapter 752)

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OFFICIAL NOTICE & LEGAL DISCLAIMER

NOTICE: The powers granted by this document are broad and sweeping. They are defined in Texas Estates Code, Chapter 752. If you have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical or healthcare decisions for you. This power of attorney expressly revokes any prior durable power of attorney executed by the Principal regarding the matters explicitly covered herein, unless otherwise stated.

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PARTIES & DEFINITIONS

1. PRINCIPAL: [Principal Full Legal Name], residing at [Principal Street Address, City, State, Zip], hereinafter referred to as the "Principal."
2. AGENT (ATTORNEY-IN-FACT): [Agent Full Legal Name], residing at [Agent Street Address, City, State, Zip], hereinafter referred to as the "Agent."
3. SUCCESSOR AGENT: In the event the primary Agent is unwilling or unable to serve, [Successor Agent Full Legal Name], residing at [Successor Agent Street Address, City, State, Zip], is hereby appointed as Successor Agent.

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OPERATIVE CLAUSES & TERMS

SECTION 1. GRANT OF POWERS

Principal hereby appoints Agent as attorney-in-fact for Principal to act in Principal's name, place, and stead in any way which Principal could do, if personally present, with respect to the following matters to the extent indicated below.

(Principal must strike out any power not granted by drawing a line through the text and initialing in the margin, or by explicitly noting exclusion.)

1. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and maintain any real property or interest therein. (Initial if granted: [__________])
2. Tangible Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and maintain any tangible personal property or interest therein. (Initial if granted: [__________])
3. Stock and Bond Transactions: To purchase, sell, exchange, transfer, and maintain stocks, bonds, mutual funds, and all other types of securities. (Initial if granted: [__________])
4. Commodity and Option Transactions: To establish, maintain, modify, or terminate commodity futures contracts and call or put options. (Initial if granted: [__________])
5. Banking and Other Financial Institution Transactions: To open, maintain, or close bank accounts; write checks; deposit funds; and conduct all standard banking operations. (Initial if granted: [__________])
6. Business Operating Transactions: To control, operate, franchise, manage, or terminate any business entity owned in whole or in part by Principal. (Initial if granted: [__________])
7. Insurance and Annuity Transactions: To procure, maintain, modify, surrender, or collect payments on life, health, property, or liability insurance and annuities. (Initial if granted: [__________])
8. Estate, Trust, and Other Beneficiary Transactions: To act for Principal in all matters that affect an estate, trust, partnership, corporation, or other legal entity. (Initial if granted: [__________])
9. Claims and Litigation: To assert, prosecute, submit to arbitration, settle, or propose or accept a compromise with respect to any claims in favor of or against Principal. (Initial if granted: [__________])
10. Personal and Family Maintenance: To pay necessary living expenses, housing costs, utilities, insurance, and educational expenses for Principal and Principal's dependents. (Initial if granted: [__________])
11. Benefits from Social Security, Medicare, Medicaid, or Other Governmental Programs: To prepare, file, and prosecute claims for benefits from civil or military governmental agencies. (Initial if granted: [__________])
12. Retirement Plan Transactions: To contribute to, select payout options for, roll over, or manage any qualified or non-qualified retirement plans. (Initial if granted: [__________])
13. Tax Matters: To prepare, sign, verify, and file local, state, and federal tax returns; and to represent Principal before the Internal Revenue Service or state tax authorities. (Initial if granted: [__________])

SECTION 2. DURABILITY PROVISION

This power of attorney is strictly durable and shall not be affected by subsequent disability or incapacity of the Principal. It is the intent of the Principal that the authority conferred herein shall be exercisable notwithstanding Principal's subsequent physical or mental disability.

SECTION 3. RELIANCE AND INDEMNIFICATION

Any third party, including any corporation, institution, or financial entity, may rely upon the absolute authority of the Agent under this instrument upon presentation of a certified copy hereof, without liability to the Principal or Principal's estate. Principal hereby binds Principal’s estate to indemnify and hold harmless any third party for any claims or losses arising from reliance upon this power of attorney.

SECTION 4. NOMINATION OF GUARDIAN

If it becomes necessary for a court to appoint a guardian of Principal’s estate or person, Principal hereby nominates [Designated Guardian Full Legal Name] to serve as guardian.

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EXECUTION & SIGNATURES BLOCK

IN WITNESS WHEREOF, I have executed this Durable Power of Attorney on this [Day] day of [Month], [Year].

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PRINCIPAL SIGNATURE Printed Name: [Principal Full Legal Name]

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NOTARY PUBLIC ACKNOWLEDGMENT

STATE OF TEXAS, COUNTY OF [County Name]

This instrument was acknowledged before me on [Date] by [Principal Full Legal Name].

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NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: [Commission Expiration Date]

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WITNESS ATTESTATION

(Note: Texas Estates Code does not strictly mandate a witness if acknowledged before a notary public, however, the inclusion of a witness signature adds evidentiary weight).

The foregoing power of attorney was signed, sealed, published, and declared by the Principal to be Principal's durable power of attorney in the presence of us, who, in Principal's presence, at Principal's request, and in the presence of each other, have subscribed our names as witnesses thereto.

Witness 1: Signature: _________________________________________ Printed Name: [Witness 1 Full Name] Address: [Witness 1 Address]

Witness 2: Signature: _________________________________________ Printed Name: [Witness 2 Full Name] Address: [Witness 2 Address]

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AGENT’S ACCEPTANCE & ACKNOWLEDGMENT OF FIDUCIARY DUTY

I, [Agent Full Legal Name], have read the attached Durable Power of Attorney and am the person identified as the Agent. I hereby acknowledge that when I act as Agent:

1. I owe a fiduciary duty of loyalty and utmost good faith to the Principal;
2. I must handle the Principal's funds and assets separately from my own;
3. I must keep a complete record of all receipts, disbursements, and transactions conducted on behalf of the Principal.

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AGENT SIGNATURE Date: [Date]

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STEP-BY-STEP EXECUTION GUIDE

1. Review and Verification: Review the listed powers in Section 1 to ensure they match the operational and legal scope required. Strike out any powers the Principal does not wish to grant.
2. Identity Verification: The Principal must present valid, unexpired government-issued identification (e.g., Driver's License or Passport) to a licensed Texas Notary Public.
3. Execution: The Principal must sign this document in the physical presence of the Notary Public.
4. Notarization: The Notary Public must complete the official acknowledgment block, applying their official stamp or seal.
5. Agent Acceptance: The designated Agent must sign the Agent's Acceptance section to formally acknowledge their fiduciary obligations under Texas law.
6. Distribution and Filing:
   • Provide the primary Agent with a certified or original copy of the executed document.
   • Retain the original master document in a secure location (e.g., safe deposit box or secure firm archive).
   • If utilizing this power for real estate transactions, record a certified copy of this instrument in the real property records of the county where the real estate is located.
   • Provide copies to financial institutions where the Principal holds accounts to pre-clear the Agent's signature authority.