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.
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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.
| Document Name | Texas Durable Power of Attorney Form |
| Other Names | Texas Financial Durable Power of Attorney, TX DPOA |
| Relevant Laws | Texas Statutes, Estates Code, Title 2, Chapters 751 and 752 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
