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Yes. This is a special power of attorney that only allows your agent to sign a deed for the property. This kind of power of attorney must include a legal description of the property that you want to sell. You must record the power of attorney in the deed records of the county where the property is located.

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. If you are entrusting your agent to conduct real estate transactions for you, the power of attorney document has to be filed with the clerk of each county where the property is located.

How to make a Texas power of attorney Decide which type of power of attorney to make. ... Decide who you want to be your agent. ... Decide what powers you want to give your agent. ... Get a power of attorney form. ... Complete your POA form, sign it, and execute it.

We often hear the question, “does the power of attorney need to be notarized in Texas?” The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, power of attorney is validly granted.

How to make a Texas power of attorney Decide which type of power of attorney to make. ... Decide who you want to be your agent. ... Decide what powers you want to give your agent. ... Get a power of attorney form. ... Complete your POA form, sign it, and execute it.

The durable power of attorney does not need to be signed by any witnesses. It is not necessary to file the durable power of attorney unless the agent uses it with respect to a real property transaction.

Requirements When Drafting a Special Power of Attorney The principal is also required to present a competent proof of identification that bears his/her signature and photograph. Copies of the document are all signed, with witnesses also appending their signatures.

A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

Section 489 of the TEXAS PROBATE CODE actually requires recording of the Power of Attorney when it is durable and the durability feature is being relied on in the transaction.