A Texas Durable Power of Attorney (or DPOA) 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 DPOA form lets an agent act on behalf of the principal.
The word “durable” is used in the form’s official name because the DPOA 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 DPOA form first.
One should know that people in the US create and sign a sample durable power of attorney to give the right of managing their finances and properties to someone. If you need to prepare such a 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 DPOA 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 DPOA form, every member has to be of 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.
As stated in Section 752.051 of the Texas Estate Code, apart from signatures from the principal, the agent, and the witness, the form must contain the notary public’s signature and seal. You should be over 18 and in a sound mind. The agent will be able to make financial and estate decisions for you except for medical ones. The Texas DPOA 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 DPOA 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 DPOA will lose its legal force.
According to Section 752.051 of Texas state law, you can rewrite DPOA at any time you want, but it’s important to notify your immediate surroundings about your new decision. After creating a new DPOA 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 DPOA 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:
In addition, you can enlist other responsibilities you want your agent to bear on your behalf. Study the form and every statement with due care and decide on the most crucial points to include in the form.
To create a form in Texas properly, ensure to print out three copies of the document as recommended, and appoint the agent you can entirely trust all your properties. As the final step, make a notary public sign and seal the DPOA form.
Popular Local Durable POA Forms
Durable POA forms let you choose a proxy who can handle your financial affairs even if you get unable to make decisions yourself. These are the states DPOA documents are used in most frequently.
To ensure your safety and minimize legal risks, you can use the form-building software we provide on our site. You can, of course, create the DPOA form by yourself by following the guide below:
1. Download the Template.
Obtain the template and start to fill it out: the procedure won’t take up much time and is totally comprehensive once you keep being attentive. Indicate the name of the county the creation of the Texas DPOA form takes place in.
2. Read the Notice Carefully.
As in many US states, the DPOA 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.
3. Insert information about yourself and the agent.
This section of a DPOA 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.
4. Opt for Agent’s Responsibilities.
In this section, you have to choose what to delegate to your agent or attorney. In Texas, the list of financial matters in the DPOA form consists of real estate operations, tax matters, retirement plans, insurance operations, banking, governmental bonuses, presents, personal possessions, lending and borrowing resources, property issues, deposit boxes.
Every item on 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.
5. 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.”
6. Choose the details on the Legal Force of the DPOA.
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.
7. Designate 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, current addresses, and zip codes.
8. Add a Date and Sign the DPOA form.
After reading, understanding, and accepting everything, you should sign the DPOA form and add a relevant date. It’s essential to fill out the form correctly, or it will not have the legal force.
9. 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.
10. 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 needed).
11. 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.
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