To make a power of attorney in Texas, you must be at least 18 and of sound mind, put your authorization in writing, and sign the document with your signature acknowledged before a notary public. A durable power of attorney must also state whether it stays in effect if you become incapacitated, or whether it only starts then.
A power of attorney (POA) lets you name someone, called your agent, to make financial, legal, or medical decisions on your behalf. The person granting that authority is the principal. Texas recognizes several types of POA, each suited to different needs, and each with its own execution rules. Here is what you need to know before you make one.
What Is a Power of Attorney in Texas
A POA is a legal document that authorizes your agent to act within whatever scope you define, whether that is managing a single bank account or handling your entire financial life. Once it takes effect, your agent can act on your behalf exactly as the document permits, nothing more.
Types of Power of Attorney Available in Texas
Medical Power of Attorney
A medical power of attorney is a type of advance directive that lets your agent make healthcare decisions when you cannot make them yourself. Under Texas Health and Safety Code Section 166.164, it typically becomes usable once your attending physician certifies, in writing, that you lack the capacity to decide. Even then, you retain the right to personally object to any healthcare decision, and your agent cannot override that objection.
Durable (Statutory) Power of Attorney
A durable power of attorney authorizes your agent to access your bank accounts, manage or sell property, and handle other legal and financial matters. It remains in effect until you die or revoke it, and it survives your incapacity, which is the entire point of making it durable.
General Power of Attorney
A general power of attorney grants similar financial and legal authority, but it automatically terminates if you become incapacitated. It is useful for a defined period or transaction, not for long-term incapacity planning.
What a Durable Power of Attorney Does
A durable POA is typically used to authorize financial and investment decisions once you can no longer manage them yourself. Under the Texas Estates Code Section 751.0021, the document must be signed by an adult principal (or by another adult in the principal's conscious presence and at their direction) and must contain durability language stating either that the POA is not affected by the principal's later incapacity, or that it becomes effective on incapacity. Incapacity itself generally must be established through a physician's written statement confirming the principal can no longer manage their own affairs.
Who Can Make a Power of Attorney in Texas
Any adult who is 18 or older and of sound mind can execute a POA. Sound mind means you understand the nature of the document and the consequences of signing it, the same standard used for making a will.
What Makes a POA Legally Valid in Texas
To be effective, a Texas POA generally must be signed with the principal's signature acknowledged before a notary public. If the POA grants authority over real estate transactions, it must also be filed with the county clerk where the property is located. Texas does not require witnesses for a POA, unlike a will, but it does require a document in writing that clearly states whether the agent's authority continues through, or begins at, incapacity.
How to Revoke a Texas Power of Attorney
You can revoke a POA at any time while you have capacity. The safest approach:
- Write a revocation letter stating you are revoking the POA.
- Sign the revocation in front of a notary public.
- Deliver a copy to your agent, ideally by certified mail.
- Notify any banks, doctors, or institutions your agent has interacted with on your behalf.
- Destroy remaining copies of the revoked POA.
Making a Power of Attorney Alongside Your Will
A power of attorney is one piece of a full Texas estate plan, alongside your will and healthcare directives. FastWill lets you build a durable POA when you create your Texas will package, using AI guided by Texas-specific law. If your plan also needs to protect medical decisions, see our guide on how to make a living will in Texas, and if you want to compare complete document bundles, visit plans and pricing.
Frequently Asked Questions
Does a Texas power of attorney need witnesses?
No. Texas does not require witnesses for a POA, but the principal's signature generally must be acknowledged before a notary public.
What is the difference between a durable and a general power of attorney in Texas?
A durable POA remains valid even after you become incapacitated. A general POA automatically ends the moment you become incapacitated, so it does not help with long-term incapacity planning.
Who decides when I am incapacitated for POA purposes?
Incapacity is generally established through a written statement from a physician confirming you can no longer manage your own affairs, not by your agent's own judgment.
Can my agent overrule my healthcare wishes under a medical power of attorney?
No. Even after a medical POA becomes active, you retain the right to personally object to a healthcare decision, and your agent cannot override that objection.
Can I make a power of attorney online in Texas?
Yes. FastWill lets you create a Texas-compliant power of attorney using state-specific legal requirements built into the platform, alongside your will if you choose.
