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Power of Attorney Maker

Texas Power of Attorney Form (Financial and Medical)

Fill in a Texas durable, medical or limited power of attorney online. We add the Texas signing block from the statute. Free PDF, no signup.

1. Type and state
Texas signing rule: Sign it and acknowledge your signature before a notary public. No witnesses are required. (Tex. Estates Code §751.0021) Texas guide and sources
2. You (the principal)
3. Your agent

The person you trust to act for you. Choose an adult who is not your witness or notary.

4. Successor agent (optional)

Steps in if your agent can't or won't act.

5. Powers you grant

Untick anything you don't want your agent to handle.

6. Special powers (optional)

These can change who inherits your property, so most states require you to grant them one by one. Each one you tick gets a line for your initials. Leave them off unless you are sure.

7. When it starts
8. Other terms

Paying your agent

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We are not a law firm and this is not legal advice. The tool fills your own choices into a template and adds signing blocks from the official rules we cite. For complex estates, special needs or business interests, talk to an attorney.

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Last updated · Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.

This page summarizes how a power of attorney must be signed in Texas, taken from the statute and checked on . The form above applies these rules automatically when Texas is selected.

Texas power of attorney at a glance

Signing requirements

Financial power of attorney (Tex. Estates Code §751.0021)

Rule: Sign it and acknowledge your signature before a notary public. No witnesses are required.

Law: Tex. Estates Code §751.0021

  • A durable power of attorney must contain words showing it survives your incapacity, for example "This power of attorney is not affected by subsequent disability or incapacity of the principal" (§751.0021(a)(3)). Our document includes them.
  • If your agent will sign recorded real estate documents (a deed, mortgage, deed of trust, lien release), the power of attorney must be recorded with the county clerk where the property is, no later than 30 days after the instrument is filed (§751.151).
  • To let your agent sign home equity loan documents, the statutory form says the power of attorney must be signed at the lender's office, an attorney's office or a title company (§752.051).

Sources: Texas Estates Code Chapter 751 (Texas Legislature); Statutory durable power of attorney form, Estates Code §752.051

Medical Power of Attorney Designation of Health Care Agent (Tex. Health & Safety Code §166.154 and §166.003)

Rule: Sign in front of two competent adult witnesses (at least one must meet the stricter Texas witness rules), or sign and have your signature acknowledged before a notary.

Law: Tex. Health & Safety Code §166.154 and §166.003

Witnesses:

  • Each witness must be a competent adult.
  • At least one witness must NOT be: your agent; related to you by blood or marriage; entitled to part of your estate; your attending physician or the physician's employee; an employee of a health care facility where you are a patient who gives you direct care or is an officer, director, partner or business office employee of the facility; or a person with a claim against your estate.
  • Texas law says the medical power of attorney must be in substantially the statutory form (§166.164), including the disclosure statement. For Texas, our tool fills in that statutory form.
  • It takes effect when your physician certifies in writing that you can't make your own health care decisions.

Sources: Texas Health and Safety Code Chapter 166 (Texas Legislature)

Texas's statutory form

Texas publishes the Texas Statutory Durable Power of Attorney (Estates Code §752.051). It is optional. Our form is a shorter, plain-English alternative that meets the same signing rules; some institutions prefer the statutory form, so ask your bank.

After signing

General information, not legal advice. Laws change; confirm with the official source or a Texas attorney. See all states on the requirements by state page.

Frequently asked questions

Does a power of attorney need to be notarized in Texas?

Financial: Sign it and acknowledge your signature before a notary public. No witnesses are required. (Tex. Estates Code §751.0021). Medical: Sign in front of two competent adult witnesses (at least one must meet the stricter Texas witness rules), or sign and have your signature acknowledged before a notary. (Tex. Health & Safety Code §166.154 and §166.003).

How many witnesses does a Texas power of attorney need?

For a financial power of attorney: none, a notary is required instead. For a medical power of attorney (Medical Power of Attorney Designation of Health Care Agent): 2 if you don't use a notary.

Who can't be a witness in Texas?

Each witness must be a competent adult. At least one witness must NOT be: your agent; related to you by blood or marriage; entitled to part of your estate; your attending physician or the physician's employee; an employee of a health care facility where you are a patient who gives you direct care or is an officer, director, partner or business office employee of the facility; or a person with a claim against your estate.

Does Texas have an official power of attorney form?

Yes: the Texas Statutory Durable Power of Attorney (Estates Code §752.051). Using it is optional; another form that meets the signing rules is also valid.

Is this Texas form free?

Yes. Fill it in and download the PDF free, with no signup. Word, the signing packet and saved copies are optional paid extras.