Free Texas Durable Power of Attorney Form

A “Durable Power of Attorney” (or DPA) form is one of the legal forms in the US that regulates the relations between a person and his or her agent in critical situations. For instance, if a person (or a principal) is in a coma due to a disease or accident, or had a stroke, or diagnosed with dementia, the DPA form lets an agent act on behalf of the principal.

The word “durable” is used in the form’s official name because the DPA form will remain the same for a long period; it becomes ineffective if the principal is dead or has decided to call it off. To create a new form, a person has to revoke the previous DPA form first.

One should know that people in the US create and sign the DPA form to give the right of managing their finances and properties to someone. If you need to prepare such a durable power of attorney form related to medical care and physical conditions, you should sign another form where you assign your medical care representative.

Texas power of attorney templates – know more about powers of attorney that can be used for other property types in Texas.

With the DPA form, one may legally state his will about important things and assign a reliable person to act in various cases. There are two ways of choosing a person who will become your attorney: you may pick someone among your relatives or close people (without any limits: a spouse, a family member, or someone else) or hire a specialist (an agent).

When a group of people is signing the DPA form, every member has to be in a sound mind, which is usually prescribed by law. Most likely, you will have to notarize the form: the majority of states ask for it. Some states require signing from a witness (or witnesses) as well.

Texas Signing Requires and Laws

As stated in section § 752.051 of the Texas state law, signing a form should be accompanied by a notary. You should be over 18 and in a sound mind. The agent will be able to make financial and estate decisions for you except medical ones. The Texas DPA doesn’t deprive you of making decisions. You have the same power. In case the agent makes something on your behalf that doesn’t suit you, one will be prosecuted.  In case you get a guardian at the insistence of the court, the agent will lose one’s legal rights to act on your behalf automatically. But if the guardian is temporal, the DPA will lose legal force only for some time. You are to choose the future attorney-in-fact very carefully because one will make business and financial decisions for you. In case you have chosen your spouse to be this person, and now both of you decided to break up the relationships, the DPA will lose its legal force. According to § 752.051 of Texas state law, you can rewrite DPA at any time you want, but it’s important to notify your immediate surroundings about your new decision. After creating a new DPA or your death, the agent loses his power to make decisions for you. The form is brief and should not take long; it consists of six pages only. While creating a DPA form in Texas, you will see a section with a list of actions and properties that your agent or attorney will be able to do. You may opt for several or all of them. This list includes various points:

  • Taxes
  • Stocks and bonds
  • Real property
  • Banks and financial institutions

And other powers that your chosen agent can be responsible for. So, before signing the form, please ensure that you have analyzed all of the points and have chosen the most relevant for you. To create a form in Texas, do not forget to print out three copies of the document as recommended, choose a person that you can trust all your properties, and call a notary. The form is simple and contains only seven pages.

Steps to Complete the Form

If you have questions and are afraid of making mistakes in the Texas DPA form, you may use our guide with the instructions for completing the form step by step.

  • Download the Template

To start, you have to download the template of the DPA form. You may use our form building software to simplify the process. In the first line, you should insert the name of the country where the procedure takes place.

  • Read the Notice Carefully

As in many US states, the DPA form in Pennsylvania starts with a notice that contains general information about this document. If you are the principal, read the notice thoroughly to understand the key details and purposes of the form. In case of misunderstanding, contact your lawyer for clarification.

  • Insert information about yourself and the agent

This section of a DPA form is devoted to inserting a principal’s name and address (mailing and physical) and an agent’s name and address (mailing and physical). Firstly, place your name, address, and zip code, then add the agent’s or attorney’s details in the relevant lines.
Principal and agent information section of a Texas durable power of attorney

  • Opt for Agent’s Responsibilities

In this section, you have to choose what to delegate to your agent or attorney. In Michigan, the list of financial matters in the DPA form consists of:

  • Real estate operations
  • Tax matters
  • Retirement plan
  • Insurance transactions
  • Banking operations
  • Benefits from the government
  • Gifts
  • Personal property
  • Lending and borrowing
  • Powers to manage the property
  • Legal advice and proceedings
  • Safe-deposit box

Every item of the list has a brief description to ensure that the principal understands what he or she is signing and delegating. To choose the financial matter, place your initials in the blank field on the left-hand side. If you want, you may opt for all of the items.
Agent's responsibilities section of a durable power of attorney document for Texas

  •  Leave Special Instructions for the Previous Section

In the lines of this section, you may add some special instructions regarding the chosen financial matters. Those instructions may limit or increase your attorney’s powers. If you have nothing to write in this field, insert the word “None.”
Special instructions part of a dpoa for Texas

  • Choose the details on the Legal Force of the DPA

In this section, you have variants about how the paper will work in case of your serious illness. The variant that does not suit you should be crossed out.
Legal force details choosing section of a durable power of attorney form for Texas

  • Choose other agents

There are some cases when the chosen agent can’t perform one’s duties anymore (one’s serious illness or death). That’s why it’s important to choose two other people that can take one’s place. Write down their full names, actual addresses, and zip codes.
Other agents choosing part of Texas durable power of attorney template

  •  Add a Date and Sign the DPA form

After reading, understanding, and accepting everything, you should sign the DPA form and add a relevant date. It’s essential to fill out the form correctly, or it will not have the legal force.
Date and signature adding section of a Texas durable power of attorney

  •   Ask Two Witnesses to Sign

Under the principal’s signature, two witnesses should leave their signatures and addresses. Remember that your witness cannot be your agent.

  • Ask a Notary to Sign

A notary should verify the document by signing, adding a signing date, state, county, and full legal name, and putting a seal (if applicable).
Notary signature part of Texas dpoa template

  • Give the paper to the attorney-in-fact to read the last page

The last section contains information about the rules and restrictions that the agent is to learn.
Agent's duties section of Texas durable poa template

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Published: Nov 19, 2020