Can You Create a Power of Attorney in Texas Without a Lawyer?
Preparing a power of attorney is not an easy task. You need to consult state laws and decide what powers to grant and to whom.
If you’d like to make a power of attorney in Texas with no trouble, you can rely on DoNotPay.
A power of attorney (POA) is a legal document granting an individual the power to act on another person's behalf. The party assigning the power of attorney is called the principal.
The person getting the decision-making rights with a power of attorney document is the agent or attorney-in-fact. The agent handles the specified financial, business, medical, property, or some other affairs of the principal.
A power of attorney needs to fulfill strict state law requirements. Here are legal criteria applicable in the Lone Star State:
- A principal and an agent must be at least 18 years of age
- A power of attorney document has to be signed before a notary public
- A principal needs to:
- Be of sound mind
- Understand what they are doing when signing the POA letter
- If a principal is granting their agent the authority to handle real estate transactions, the principal needs to file the POA document with the clerk of the county where their property is located
You should choose an appropriate type of power of attorney correlating with your situation. Here’s a list you can consult:
|Types of Power of Attorney||Extra Information|
|A general power of attorney||
|A special or limited power of attorney||Gives an agent the power to handle:
|A springing power of attorney||Grants an agent the authority to manage matters on the principal’s behalf only if the principal becomes mentally or physically disabled or incapacitated|
|A medical power of attorney||Grants an agent the power to make medical decisions on the principal’s behalf if the principal cannot make them because of some mental or physical issues|
|A durable power of attorney||Continues even if the principal becomes incapacitated|
A durable power of attorney is a general POA that does not end if a principal is physically or mentally disabled or incapacitated. Texas general durable power of attorney has to:
- Be in writing, signed, and notarized
- Name the individual a principal would like to appoint as their agent
- Specify how the power of attorney will be used
If a principal would like a financial power of attorney to remain in effect in case they become incapacitated, their POA document needs to include the following: “This power of attorney is not affected by subsequent disability or incapacity of the principal.”.
In case the principal would like the document to start if they become disabled, the POA document must specify that “This power of attorney becomes effective on the disability or incapacity of the principal.”.
A general durable POA allows the principal to name a person they’d like to take care of their matters when they cannot do them alone, even if the principal becomes incapacitated. If the court names a guardian of the principal’s estate, the durable POA will end.
The Texas Probate Code provides a standard form for durable powers of attorney, and a principal can download the Texas Statutory Durable Power of Attorney word document.
As filling out this or any other POA document might be confusing, the parties involved may decide to:
- Consult a lawyer—An attorney can explain the ins and outs of this arrangement and advise what type is suitable for a particular situation
- Register for DoNotPay to avoid making mistakes when completing a POA document alone, paying a lot for an attorney, and looking for a notary public
Not only can we help you prepare a power of attorney that meets legal and personal requirements, but we can also connect you with an online notary public since Texas mandates POAs to be notarized.
Here’s how smooth our process is:
- Subscribe to DoNotPay
- Choose the Power of Attorney feature
- Provide answers to a few questions from our chatbot
The information you provide allows us to assess your situation and decide what type of POA document is adequate.
DoNotPay will send you a power of attorney document with two notices both parties should read carefully.
Our app will offer to connect you with a notary public, so you can have your POA notarized via a live video call without wasting your time and money or risking your health!
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