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Texas General Power of Attorney

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​[Sender.FirstName][Sender.LastName][Sender.Company]​

Prepared by:

You may appoint more than one agent to act on your behalf.

Sign your initials in the line next to the power or powers you wish to delegate, or initial next to line ‘O’ to delegate all of the powers below.

TEXAS DURABLE POWER OF ATTORNEY

I, [Sender.FirstName][Sender.LastName], appoint [Agent.FirstName][Agent.LastName] at [Agent.State][Agent.City][Agent.StreetAddress][Agent.PostalCode] as my Agent to act for me in any lawful way with respect to all of the following powers that I have initialed below:

  1. Real Property Transactions;

  2. Tangible Personal Property Transactions;

  3. Stock and Bond Transactions;

  4. Commodity and Option Transactions;

  5. Banking and Other Financial Institution Transactions;

  6. Business Operating Transactions

  7. Insurance and Annuity Transactions

  8. Estate, trust, and other Beneficiary Transactions;

  9. Claims and Litigation;

  10. Personal and Family Maintenance;

  11. Benefits from Social Security, Medicare, Medicaid or other Governmental Programs or Civil or Military Service

  12. Retirement Plan Transactions;

  13. Tax Matters;

  14. Digital Assets and the Content of an Electronic Communication

  15. ALL OF THE POWERS LISTED IN (A) THOUGH (N). 

If you select “Real Estate Transactions” from the above list, you should file a copy of your Power of Attorney with the Land Records Office in any Texas county where you own real estate. Texas Land Records Offices are a part of the County Clerk’s Office. By filing your Power of Attorney with this office, the County Clerk will accept your Agent’s authority to sell, mortgage, or transfer real estate on your behalf.

SPECIAL INSTRUCTIONS

If none of the sections below apply to your needs, you may remove those sections from the agreement. You may also draft your own special instructions as explained below.

Agent Compensation.

Initial in front of one of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable under the circumstances.

My agent is entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances.

My agent is entitled to reimbursement of reasonable expenses incurred on my behalf but shall receive no compensation for serving as my agent.

Co-Agents.

If you have appointed co-agents to act, initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to act independently on one another. If you only have one agent, you may remove this section.

Each of my co-agents may act independently for me

My co-agents may act for me only if the co-agents act jointly

My co-agents may act for me only if a majority of the co-agents act jointly

Gifts.

Initial in front of the following sentence to have it apply. This section is often used to specify that the Agent may give gifts to your family members or descendants or other specific parties. If you select this option, it is recommended that you work with an accountant to understand the financial impacts such gift-giving authority may have for your overall financial standing. You can add language to this section if you want to name specific people or parties to whom gifts may be given on your behalf.

I grant my agent the power to apply my property to make gifts outright to or for zbenefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift.

You may include additional special instructions that limit or extend the power granted to your agents. (e.g., “I grant my agent the power to act on my behalf only with respect to the rental property at ____ address”).

Effectiveness.

Select the option below that applies and remove the other option.

This power of attorney is not affected by my subsequent disability or incapacity. 

This power of attorney becomes effective upon my disability or incapacity.

If you wish to establish a Durable Power of Attorney, you should select Option A, so that your Agent can act on your behalf if you become disabled or incapacitated.

Determination of Disability or Incapacitation.

I shall be considered disabled or incapacitated for purposes of this Power of Attorney if a physician certifies in writing at a date later than the date this Power of Attorney is executed that, based on the physicians’s medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this Power of Attorney. A third party who accepts this Power of Attorney is fully protected from any action taken under this Power of Attorney that is based on the determination made by a physician of my disability or incapacity.

The statement above is of great importance to Texas Courts, as you or your Agent may be asked to prove your ability to establish a Durable Power of Attorney, because it remains in effect even if you are disabled or incapacitated. In re Estate of Vackar, 345 S.W.3d 588 (Tex. App. 2011), the Court reviewed challenges against the Principal’s capability to grant a Power of Attorney after he suffered a spinal injury. The statement above clarifies how a physician may determine that you are disabled or incapacitated to a degree that you are unable to make decisions for yourself.

Third Party Rights and Indemnification.

I agree that any third party who receives a copy of this document may act under it. Termination of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the termination. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney. The meaning and effect of this Power of Attorney is determined by Texas Law.

Agent’s Successor.

If any agent named by me dies, becomes incapacitated, resigns, or refuses to act, or is removed by court order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or annulment or is declaired void by a court (unless I provided in this document that the dissolution or declaration does not terminated the agen’t authority to act under this Power of Attorney), I name the following (each to act alone and successively, in the order named as successor(s) to that agent:

​[Successor.FirstName][Successor.LastName]

​[Successor.State][Successor.StreetAddress][Successor.City][Successor.PostalCode]​

Governing Law.

This Power of Attorney shall be governed by the laws of Texas.

Signed on this date: [Document.CreatedDate]​

​

Signature
MM / DD / YYYY

​[Sender.FirstName][Sender.LastName]​

​[Sender.Country][Sender.State]​

Notary Acknowledgement

This document was acknowledged before me on [Document.CreatedDate] by [Notary.FirstName][Notary.LastName]​.

(Notary Seal)

​

Signature
MM / DD / YYYY

​[Notary.FirstName][Notary.LastName]​

My commission expires: (date)

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FAQ

  • A Power of Attorney is a legally binding agreement that gives an individual the authority to act on your behalf. The individual you select to act on your behalf will become known as the “Agent”. You should only select someone that you trust to fulfill this role. The appointed Agent will be legally permitted to act on your behalf in matters specified by you (the “Principal”), like paying your bills or managing your finances.

    This template can be used as a “General” or “Durable” Power of Attorney. In Texas, you must specify that you wish your Power of Attorney to be durable, or remain effective even if you become incapacitated.

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