Texas Statutory Durable Power Of Attorney Form

Jurisdiction: Texas
Purpose: Durable financial
Source / form version: September 2017
Resource format: DOCX
Signing: Acknowledgment before a notary or other authorized officer

Sources checked: 2026-11-13. General information, not individual legal advice.

What this Texas form covers

The HHS statutory form covers property and financial matters, including banking, business, benefits, retirement plans and real estate. Follow its instructions to initial selected categories or all listed powers. Medical decisions require the separate Texas medical power of attorney; IRS representation may require Form 2848.

Sources: [1] [2]

Choose powers and when they begin

Confirm your agent’s willingness and name a successor if desired. Read the separate provisions for compensation, co-agents and gifts before granting them. The document offers immediate authority or authority beginning upon incapacity; if neither alternative is crossed out, it selects immediate authority. Durability means authority can continue after incapacity, rather than requiring a delayed start.

Under §751.00201, the default incapacity standard uses a later written physician certification unless the document defines incapacity differently.

Sources: [5] [3]

Signing and acknowledgment

Texas Estates Code §751.0021 requires the principal’s signature, or a directed signature in the principal’s conscious presence, and acknowledgment before an authorized officer. Complete the HHS form’s notarial acknowledgment; the medical form’s witness alternative does not replace this requirement.

If the agent will sign home-equity-loan documents, ask the lender or a Texas lawyer about the statutory notice’s special signing-location requirement.

Sources: [3] [2]

After the document is signed

Keep a complete copy, including the agent information pages. Discuss recordkeeping and original-document storage with the agent. Ask the receiving institution about its review process. If replacing or revoking an earlier document, arrange notice to the agent and organizations relying on it.

Sources: [5] [4]

Common questions

Is this the same as a Texas medical power of attorney?

No. The HHS durable form concerns property-related decisions. The medical form appoints an agent for health care decisions.

Sources: [1]

Is the official download a PDF?

The English file linked by HHS for this resource is DOCX. We keep that format label instead of describing it as an official PDF.

Sources: [1]

Related forms and guides

Sources and verification

Publisher source and document inspected. This is source research, not independent attorney review.

The date above records a source check. It does not certify that a form is suitable for your circumstances or that an attorney has reviewed your document. Read the publisher’s current instructions before use.

Texas Statutory Durable Power of Attorney Form