The Ins and Outs of a Durable Power of Attorney in Texas
If you plan to create a power of attorney (POA), you need to be aware of all the important rules and requirements that accompany this document. Handling this task on your own can be a complex and time-consuming ordeal, but DoNotPay can help! Our app will generate a durable power of attorney in Texas or any other state for you!
A durable power of attorney is a legal document that provides an individual with the legal power to act on someone else’s behalf even when they are incapacitated. The person chosen to receive the powers is called the agent or attorney-in-fact, and the individual who makes someone else their agent is called the principal.
Before creating a POA, the principal must decide who their agent will be. This is the hardest part of the process because the attorney-in-fact will be responsible for some crucial decisions once the document is signed. The agent should be a loyal, reliable, and trustworthy individual.
People usually pick a spouse, close friend, or adult child for this role.
If you want to create a power of attorney that is valid in the Lone Star state, make sure the document meets the following list of requirements:
- The POA needs to be signed before a notary public
- Parties involved need to be 18 years of age or older
- Parties must be of sound mind during the signing of the power of attorney
- The POA must be filed with the clerk of each county where the property is located. This part is crucial if the POA allows your agent to conduct real estate transactions in your stead
- The document must be in writing
- The POA should clearly name the person who is going to be the agent
- The document needs to specify how the power of attorney is to be used
The POA you create in Texas can end for several reasons. The document will no longer be valid if:
- The principal decides to revoke the document
- The agent is the principal’s spouse and they get divorced
- The principal proposes an end date in their POA
- One of the parties passes away
If it’s not a durable power of attorney, the document can also get terminated once the principal becomes incapacitated.
The easiest way to make a durable POA in Texas is with DoNotPay’s assistance! Our app will make sure the document contains all the crucial information and will tailor it to your specific needs! You only need to heed these instructions:
- Sign up for DoNotPay in your favorite web browser
- Enter Power of Attorney in the search bar
- Inform us what powers you want to include in your POA
DoNotPay will also provide you with two additional notices with information that you and your agent will find useful! Before signing your POA, make sure you read them carefully.
DoNotPay offers you the option to get your power of attorney notarized after you create it with our help! You only need to tell us that you want to schedule an appointment with an online notary when filling out the short POA questionnaire! We will find a notary who is up for the task in no time!
You can draw up several power of attorney types, and DoNotPay can help you with the process as soon as you sign up! Take a look at the table below to see more details:
|Power of Attorney Type||Brief Explanation|
|Springing POA||The agent gets legal authority only once the principal becomes incapacitated, not before that|
|General POA||People use this POA type when they can’t handle some business matters on their own because they are out of state. The agent can only act on the principal’s behalf if they are not disabled in any way|
|Financial POA||The agent needs to take care of the principal’s financial matters (e.g., taxes or paychecks)|
|Limited POA||The agent can only act in the principal’s stead during a limited period. This POA also provides limited authority to the agent|
You can find out a lot more about the power of attorney documents with our help. DoNotPay can answer the following questions:
- What determines the power of attorney over a parent?
- How can you take power of attorney away from someone?
- Does a power of attorney override a spouse?
- What’s the difference between power of attorney and guardianship?
- Can a power of attorney sign for a trustee of a trust?
- Are you responsible for your parents’ debt if you have power of attorney?
- How can you get power of attorney for a child?
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