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Texas power of attorney
As of October 26, 2026, a Texas durable power of attorney must be signed and acknowledged before an authorized officer; Estates Code Section 752.051 sets out the statutory form.1
Texas Estates Code Section 751.0021 requires a durable power of attorney to be signed by an adult principal, or by another adult the principal directs to sign in the principal’s conscious presence.2
A Texas durable power of attorney used for a real property transaction with an instrument to be recorded must itself be recorded with the county clerk where the property lies within 30 days after that instrument is filed.2
Texas at a glance
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Preview of the document
Power of Attorney
State of Texas
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Texas’ rules, with sources
- State form
- Texas Health and Human Services publishes the Statutory Durable Power of Attorney (SDPOA) form, effective 9/2017, for naming an agent to act on the principal’s property.3
- Texas Estates Code Section 752.051 sets out the wording of the statutory durable power of attorney, and Section 752.003 allows other power of attorney forms as well.1
- On the Texas statutory form, the principal initials each listed power from (A) to (N) that the agent receives, or initials line (O) to grant all of them.1
- Signing
- Texas Estates Code Section 751.0021 requires a durable power of attorney to be signed by an adult principal, or by another adult the principal directs to sign in the principal’s conscious presence.2
- A Texas durable power of attorney must be acknowledged before an officer authorized to take acknowledgments to deeds and to administer oaths.2
- The Texas State Law Library notes that a notary is needed for the statutory durable power of attorney form.4
- The Texas statutory form warns that an agent can sign home equity loan documents only if the principal signed the power of attorney at the office of the lender, an attorney or a title company.1
- Deadlines
- Unless the principal directs otherwise, the Texas statutory form takes effect immediately, and if neither durability alternative is crossed out it is read as alternative (A), unaffected by later incapacity.1
- Someone presented with a Texas durable power of attorney must accept it or, within 10 business days, ask for an agent’s certification or an opinion of counsel.2
- After receiving a requested agent’s certification, a person in Texas must accept the durable power of attorney by the seventh business day unless a ground for refusal applies.2
- A Texas durable power of attorney terminates when the principal dies or revokes it, when the document says it ends, or when its purpose is accomplished.2
- Where it is filed
- A Texas durable power of attorney used for a real property transaction with an instrument to be recorded must itself be recorded with the county clerk where the property lies within 30 days after that instrument is filed.2
- A person asked to accept a Texas durable power of attorney may not demand that it be recorded with a county clerk unless Section 751.151 or another state law requires recording.2
- Law
- The Texas Durable Power of Attorney Act does not apply to a medical power of attorney, which is defined in the Health and Safety Code.2
- A photocopy or electronically transmitted copy of a Texas durable power of attorney has the same effect as the original, unless another statute or the document says otherwise.2
- The Texas statutory form tells an agent married to the principal that a divorce, an annulment or a court declaring the marriage void ends the agent’s authority, unless the power of attorney provides otherwise.1
Questions about a Texas power of attorney
How is a Texas durable power of attorney signed?
An adult principal signs, or another adult signs the principal’s name in the principal’s conscious presence and at the principal’s direction. The signature is then acknowledged before an officer who can take acknowledgments and administer oaths; the State Law Library says plainly that the statutory form needs a notary.
One case has its own rule: for the agent to sign home equity loan papers, the principal signs the power of attorney at the lender’s office, an attorney’s office or a title company.1,2,4
Does Texas have a statutory power of attorney form?
Yes. Estates Code Section 752.051 sets out the statutory durable power of attorney, and Texas Health and Human Services offers it as form SDPOA, in English and Spanish. It covers property and finances only, not health care.
The principal initials each power granted, from real property to digital assets, or one line for all of them. It is legally sufficient when the wording substantially follows the statute, it is properly completed and the signature is acknowledged; other forms are also allowed.1,3,4
Does a Texas power of attorney have to be recorded?
For real estate deals, yes. When the agent signs a deed, deed of trust, mortgage, release or other instrument that will be recorded, the power of attorney goes to the county clerk in the county where the property is, within 30 days after the instrument is filed.
Outside that case, a bank or other business asked to accept the power of attorney cannot make recording a condition, unless another Texas law requires it.2
How long does a Texas bank or business have to accept a power of attorney?
The person presented with it accepts it or, within 10 business days, asks for an agent’s certification or an opinion of counsel; an English translation can be requested within 5 business days. Once the certification or opinion arrives, acceptance is due by the seventh business day.
A refusal comes with a written statement of the reasons, delivered by the date acceptance would have been due.2
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does a Texas power of attorney cover medical decisions?
Not the statutory durable power of attorney. The Durable Power of Attorney Act excludes medical powers of attorney, and the Texas Health and Human Services SDPOA form states that it does not authorize anyone to make medical and other health care decisions.2,3
Is a copy of a Texas power of attorney as good as the original?
Generally yes. Section 751.0023 gives a photocopy or electronically transmitted copy the same effect as the original, and a person may rely on it without liability, unless a statute or the document itself says otherwise.2
When does a Texas durable power of attorney end?
When the principal dies or revokes it, when it says it ends, when its purpose is accomplished, or when a permanent guardian of the principal’s estate qualifies. An agent married to the principal loses authority on divorce or annulment unless the document provides otherwise.1,2
Where this information comes from
Texas’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Texas Estates Code Chapter 752, Statutory Durable Power of Attorney Open the official page (opens in a new tab) ↩
- Texas Estates Code Chapter 751, General Provisions Regarding Durable Powers of Attorney Open the official page (opens in a new tab) ↩
- Statutory Durable Power of Attorney (SDPOA) (Texas Health and Human Services) Open the official page (opens in a new tab) ↩
- Powers of Attorney › Durable Power of Attorney (Texas State Law Library) Open the official page (opens in a new tab) ↩
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