9,496 Downloads

The Texas Durable (Financial) Power of Attorney is the state’s statutory form contained within § 752.051 of the Texas Estates Code. Its primary function is to authorize the appointment of a third (3rd) party agent to handle certain financial elements of the grantor’s life. These elements may pertain to the principal party’s property (real or personal), banking, legal matters, business affairs, etc. To establish a valid arrangement, the conveying party will have to name the individuals involved within the form and initial each power that they would like to grant. After recording the needed details, it is mandatory for the principal to acknowledge the instrument by signing it in the presence of a notary who may then provide the document with their certification.

Laws

Statute – Title 2, Chapter 751: Durable Power of Attorney Act

Definition (§ 751.002) – “Durable power of attorney” means a writing or other record that complies with the requirements of § 751.0021(a) or is described by § 751.0021(b).

Signing Requirements – Acknowledgment of Notary Public (§ 751.0021(a)(4))