Power of Attorney Requirements in Texas
At a glance
| Governing law | Durable Power of Attorney Act, Tex. Est. Code, Title 2, Subtitle P (chs. 751–752); Texas's own act, revised in 2017 drawing in part on the UPOAA |
|---|---|
| Who must sign | Adult principal, or another adult in the principal's conscious presence and at the principal's direction (Est. Code § 751.0021(a)(2)) |
| Notarization | Required. The instrument must be acknowledged before an officer authorized to take acknowledgments to deeds of conveyance and administer oaths (§ 751.0021(a)(4)) |
| Witnesses | None required; the statute's execution elements are a signed record, durability wording, and acknowledgment (§ 751.0021) |
| Statutory form | Yes — optional “statutory durable power of attorney” form set out in Est. Code § 752.051 |
| Durable by default? | No. Must contain “This power of attorney is not affected by subsequent disability or incapacity of the principal,” the springing variant, or similar words (§ 751.0021(a)(3)) |
| Springing POA allowed? | Yes — the wording may make it effective on the principal's disability or incapacity (§ 751.0021(a)(3)); unless the document says otherwise, a physician's written certification establishes incapacity (§ 751.00201) |
| Real estate extras | For a recordable real-property transaction, record the POA in the property county by the 30th day after the transaction instrument is filed (§ 751.151) |
| Out-of-state POAs | Yes — valid if, when executed, execution complied with the law of the jurisdiction that determines the POA's meaning and effect (§ 751.0023(b)); photocopies have the effect of originals (§ 751.0023(c)) |
Requirements one by one
Who must sign
Tex. Est. Code § 751.0021 requires an adult principal's signature or a signature by another adult directed to sign in the principal's conscious presence. The principal must direct that substitute signature; physical inability alone does not authorize someone to sign without direction.
Notarization
Under § 751.0021(a)(4), the principal or authorized substitute signer must acknowledge the instrument before an officer authorized to take deed acknowledgments and administer oaths. If the officer meets the acknowledgment requirements, § 751.0022 presumes the signature genuine and the instrument properly executed.
Statutory form
Tex. Est. Code § 752.051 supplies a statutory durable-power-of-attorney form. Its choices for immediate effect and effect on disability require attention: if neither alternative is crossed out, the form says to assume Alternative (A), immediate effect. The form's separate home-equity notice is addressed below.
Durable by default?
No. Section 751.0021(a)(3) requires the instrument to say that later disability or incapacity does not affect it, or that it becomes effective at disability or incapacity, or to use words with the same clear effect. That wording is an element of a durable instrument.
Springing POA allowed?
Yes. The second option in § 751.0021(a)(3) lets authority begin on disability or incapacity. Unless the instrument defines the condition otherwise, § 751.00201 calls for a physician's later written certification based on an examination that the principal cannot manage financial affairs.
Real estate extras
Tex. Est. Code § 751.151 requires recording a power of attorney used for a recordable real-property transaction in the property county not later than the 30th day after the transaction instrument is filed for recording. The clock starts with that instrument's filing; it is not measured from the date the power of attorney was signed.
Out-of-state POAs
Tex. Est. Code § 751.0023 recognizes a durable power of attorney executed elsewhere if it met the governing jurisdiction's law or the specified military-power-of-attorney requirements. It also generally gives photocopies and electronically transmitted copies the effect of originals, subject to the exceptions stated there.
What trips people up
The form's home-equity notice in § 752.051 says that if the agent will sign home-equity-loan documents, the principal must sign the power of attorney at the lender's office, an attorney's office, or a title company. This transaction-specific signing location is separate from the ordinary execution elements in § 751.0021.
Common questions
Do witnesses have to sign? The execution elements in § 751.0021 list signing, durability language, and acknowledgment; they do not require witness signatures.
Does the bank need the original? Section 751.0023(c) generally gives a photocopy or electronically transmitted copy the same effect as the original, unless another statute or the document itself provides otherwise.
Statutes and sources
- Tex. Est. Code §§ 751.0021–.0023, .151 and 752.051: Execution, acknowledgment, validity, recognition of outside documents, recording, and statutory form. Official Texas HB 1974 (2017) enrolled text (accessed 2026-10-06).
- Tex. Est. Code § 751.00201: Default physician certification for disability or incapacity. Official Texas SB 1650 (2023) enrolled text (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
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