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TXState guide

Texas power of attorney

A Texas power of attorney lets an agent handle money and property matters for a principal. Banks, title companies and tax offices see these documents constantly, and they are quick to reject one that does not match the form they expect.

This page covers the signing rule, the statutory durable form and the practical steps that make a Texas power of attorney easier to accept.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

Signing rule at a glance

Notary requiredNo witnessesRules cited

Texas: A notary acknowledgment is required. No witnesses are required.

Texas: A notary acknowledgment is required. No witnesses are required. Source: Tex. Est. Code § 751.0021; § 752.051.

Source: Tex. Est. Code § 751.0021; § 752.051 (opens the official source in a new tab).

Signing and notary

Texas Estates Code 751.0021 sets the signing requirement for a durable power of attorney. The principal signs and acknowledges the document before a notary. Witness signatures are not required for a financial power of attorney, although a notary is essential.

Citation: Tex. Est. Code § 751.0021; § 752.051 (opens the official source in a new tab).

A power of attorney that is not durable ends when the principal becomes incapacitated. If the goal is to plan for incapacity, the document must say it is durable, and the Texas statutory form is the version most institutions recognize.

  • The principal signs in front of the notary.
  • The agent should sign an acceptance if the form includes one.
  • A durable power of attorney should use the statutory form or include the statutory language.
  • For real estate, ask the title company whether it wants the power of attorney recorded with the deed.

The statutory durable form

Texas Estates Code 752.051 provides a statutory durable power of attorney form. It includes the powers a principal can grant, a section for specific limitations, and the signature and notarization blocks. Banks often ask for this form because their staff can check it against a known template.

The statutory form is not the only valid form, but it is the one with the fewest arguments. If you use a custom document, keep the statutory language that fits your powers and make the limits unmistakable.

What banks ask for

A bank may ask for the original or a certified copy, photo identification from the agent, and a signature guarantee or notarized agent signature on its own form. Some banks refuse a power of attorney older than a certain number of years. Ask the bank before the agent needs to use it.

A power of attorney is not a court order. A third party can decline to rely on it, and the agent may have to ask the principal to sign the institution's own form. That is a practical problem, not a reason to panic.

A financial power of attorney does not authorize medical decisions. Texas uses a separate medical power of attorney for health care.

Revoking a Texas power of attorney

Sign a dated written revocation and give a copy to the agent and to each bank or agency that has seen the document. If the power of attorney was recorded with a deed, record the revocation in the same county. A new power of attorney should say that it revokes earlier ones.

Keep a copy of the revocation with the original. Destroying the agent's copy alone does not end the authority if another copy is still in use.

Filled sample, Texas

Power of attorney

STATE OF TEXAS

I, Robert J. Chen, of 55 Harbor View Drive, Seattle, WA 98101, appoint Lisa M. Chen, of 18 Alder Court, Bellevue, WA 98004, as my agent (attorney-in-fact). If my agent cannot or will not serve, I appoint Daniel K. Chen, of 902 Fir Street, Tacoma, WA 98402, as my alternate agent. This power of attorney is governed by the laws of the State of Texas and takes effect on November 1, 2026.

1. Banking and financial powers

My agent may open, close, deposit to and withdraw from bank and credit union accounts in my name, endorse checks, sign account documents, obtain statements, and deal with a financial institution about my accounts. My agent may not create a new joint account with anyone other than me without my written consent.

2. Tax powers

My agent may prepare, sign and file tax returns and related documents with federal, state and local tax authorities, receive notices, and represent me in routine tax matters. My agent may not waive a refund or agree to a tax settlement without my written consent.

3. Personal and household powers

My agent may deal with utilities, service providers, insurers, postal matters and household accounts in my name, and may take the ordinary steps needed to keep my household running.

4. Specific powers and limits

The following specific powers and limits apply: May deal with the credit union accounts listed in the attached schedule. May not sell or mortgage the house at 55 Harbor View Drive..

5. Duration and durability

This power of attorney is not durable. It ends if I become incapacitated, and it ends on my death. It also ends on the date stated below, or on the date I sign a written revocation, whichever comes first. End date: October 31, 2028.

6. Agent's duties

My agent must act in my interest, keep my property separate from the agent's own property, keep reasonable records of transactions, and use the authority only for the purposes stated in this document. My agent may not make a gift of my property, create an interest in my property for the agent, or use my property for the agent's own benefit unless this document expressly allows it.

7. Reliance by third parties

A bank, title company, government office or other third party may rely on a copy of this document that appears signed and notarized. A third party that acts in good faith on this document is released from liability for doing so. I may revoke this document in writing at any time.

8. Revocation

I revoke all earlier powers of attorney for the matters covered here. To revoke this document, I will sign a dated written revocation and give a copy to my agent and to each institution that has received this document. If this document was recorded, I will record the revocation in the same office.

9. Governing law

The laws of the State of Texas govern this power of attorney. If any part is unenforceable, the rest remains in effect.

Principal

Principal

Signature

Printed name: Robert J. Chen

Date

Notary public signature

My commission expires

Agent acceptance

Agent

Signature

Printed name: Lisa M. Chen

Date

Signing requirements: Texas: A notary acknowledgment is required. No witnesses are required.

Source: Tex. Est. Code § 751.0021; § 752.051.

Example answers. The builder replaces them and uses the Texas signature block shown above.

Build the power of attorney

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This changes the signing block and the rule citations.

Step 1 of 3

Principal and agent

The agent should be someone you trust with money and paperwork. Name an alternate if there is a sensible backup.

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Questions about the Texas form

Does a Texas power of attorney need two witnesses?

No. Texas requires the principal's signature to be acknowledged before a notary. Witnesses are not required for a financial power of attorney.

What is the difference between a general and a durable power of attorney in Texas?

A general power of attorney ends when the principal becomes incapacitated. A durable power of attorney stays in effect. If you are planning for a time when you cannot act, use the durable form.

Can a Texas power of attorney be used to sell a house?

It can, if the document grants real estate powers and the title company accepts it. Many title companies want the power of attorney recorded with the deed and may require the statutory form. Ask the title company before the closing.

Other states for this document

Related documents

Not a law firm, not legal advice

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every rule above names its statute or state form, and links to the official text where the state publishes it online. This state guide was updated on October 20, 2026.