Texas Limited Power of Attorney Form

Texas Limited Power of Attorney Requirements

Two formalities matter when you sign a Texas limited power of attorney: a signature and an acknowledgment. The FormsPal template has a signature line on page 2 and an acknowledgment certificate on page 3. The rules below come from the Texas Estates Code chapter on durable powers of attorney, so ask a Texas lawyer whether a rule reaches a document that is not durable.

The chapter says a durable power of attorney must be signed by an adult principal. Another adult may sign the principal’s name, but only at the principal’s direction and in the principal’s conscious presence. It must also be notarized, meaning acknowledged before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths.^[1.1]

Texas Limited Power of Attorney Form Details

The table below sums up the FormsPal Texas limited power of attorney template: its other name, the governing chapter and its length. The fill-out time is an estimate, and you can finish the template online or print the PDF.

How to Fill Out the Texas Limited Power of Attorney Form

Eight parts of the three-page FormsPal template need an answer, starting with the opening paragraph and ending with the notary’s seal. Work through them in order. You can fill in the template online or print the PDF and write by hand.

The screenshots under each step show the FormsPal Texas limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Name the principal and the agent. In the opening paragraph under the TEXAS LIMITED POWER OF ATTORNEY title, write your name and address, for example Anna Baker, 123 Main Street, Austin, TX 78701. Then write the agent’s name and address. The form has no phone number lines.

   

2. List the limited purposes. Use the five purpose lines to write each task the agent may handle. The Special Instructions text printed below the lines keeps the powers limited to those purposes, so list every task you want covered.

   

3. Choose the effective date. Under EFFECTIVE DATE, initial one line. Pick effective immediately, or effective on a date, and for a later date write the month, day and year.

   

4. Choose how the power ends, part one. Under TERMINATION DATE, initial one option. The first option ends the power when you sign a written revocation. It starts at the bottom of page 1 and finishes at the top of page 2.

   

5. Finish the ending options and name a successor. If you want an end date or an end on incapacity, initial that line and write any date. Then, in the Successor Attorney-in-Fact paragraph, write the agent’s name, the alternate agent’s name and the alternate’s address.

   

6. Date and sign the document. In the line that begins Signed this, fill in the day, month and year. Then sign on the signature line and print your name below it.

   

7. Complete the acknowledgment details. Take the document to the notary for the ACKNOWLEDGMENT on page 3. The lines under STATE OF TEXAS take the county, the date, the officer’s name and title and the name of the person appearing.

   

8. Add the officer’s signature and seal. The notary or other officer signs the Signature line at the bottom of page 3 and adds the seal. You do not fill in this part.

   

What a Texas Agent Owes the Principal

A person who accepts the role of agent under a Texas durable power of attorney is a fiduciary as to the principal, but only while acting as agent. That role carries a duty to inform the principal and to account for actions taken under the document.^[1.3] The agent must also timely inform the principal of each action taken.^[1.4]

In practice, a short and specific list of purposes helps both sides. The agent knows what is allowed, and the principal can read the list again at any time.

How a Texas Limited Power of Attorney Ends

An agent’s authority under a Texas durable power of attorney ends when the principal revokes it or when the principal dies.^[1.6] It also ends if the agent dies, becomes incapacitated or resigns.^[1.7] The FormsPal template adds its own choices, ending the power on a date you write or when you are determined to be incapacitated.

If you pick the incapacity option, check how your document defines the word. Unless the document defines it otherwise, the chapter treats a principal as incapacitated in one case. A physician must certify in writing, after the document was signed and based on a medical examination, that the principal is mentally incapable of managing financial affairs.^[1.9]

The template also says that a revocation is not effective as to a third party until that party has actual knowledge of it. If you revoke the power, tell anyone who holds a copy.

Texas Limited Power of Attorney FAQ

These answers cover three Texas rules that the sections above leave out. They are time, record keeping and recording. Each cites the Estates Code chapter on durable powers of attorney.

Does time passing end an agent’s authority in Texas?

No, not by itself. Unless the document provides otherwise, an agent’s authority may be exercised until it terminates, even if time has passed since the document was signed.^[1.6]

Does an agent have to keep records in Texas?

Yes, under the durable power of attorney chapter. The agent must maintain records of each action taken or decision made by the agent.^[1.5]

Does a power of attorney have to be recorded in Texas?

Only for real estate. If a durable power of attorney is used in a real property transaction that requires a recorded instrument, it must be recorded with the county clerk where the property is located. The deadline is the 30th day after the instrument is filed for recording.^[1.8]

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General information, not legal or tax advice.

Sources

1. Texas Estates Code §§ 751.0021 to 751.00201, Texas Legislature Online.
   • 1.1 § 751.0021
   • 1.2 § 751.022
   • 1.3 § 751.101
   • 1.4 § 751.102
   • 1.5 § 751.103
   • 1.6 § 751.131
   • 1.7 § 751.132(a)
   • 1.8 § 751.151
   • 1.9 § 751.00201

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.