Texas Statutory Durable Power of Attorney 2025

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Statutory Powers of Attorney are documents that are brought up through the laws of your state, i.e. the legislature, and give powers through those laws that the legislature passes. A Durable, or Common Law, Power of Attorney is based upon what is called case law, or the law of the court system.
Texass statutory form of durable power of attorney is found in Section 752.051 of the Texas Estates Code. It is a financial durable power of attorney - this means that it only allows the agent to handle financial matters. It does not permit the agent to make decisions about the principals health care.
A durable power of attorney has to be in writing, and it has to be signed by the principal and notarized. A durable power of attorney has to contain special words. These special words are explained below.
USE, MEANING, AND EFFECT OF STATUTORY DURABLE POWER OF ATTORNEY. (a) An individual may use a statutory durable power of attorney to grant an agent powers with respect to an individuals property and financial matters.
What are the legal requirements for executing a power of attorney? The power of attorney must be signed before a notary public; You must be 18 years of age or older; You must be of sound mind and know what you are doing when you sign the power of attorney; and.
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A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.

durable power of attorney form texas