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Texas Durable (Statutory) Power of Attorney Form can be used to designate another person, usually called an agent(s) or an attorney(s)-in-fact, to represent your monetary interests and act on your behalf. The decisions they make would be binding as if you had made the decisions yourself.

Using a statutory durable power of attorney is no different than using any other kind of POA. The terms "statutory" and "durable" refer to its contents. ... When a statutory POA is durable, it includes language indicating that the agent's powers remain in effect when and if the principal is no longer mentally competent.

A statutory durable power of attorney is a legal agreement, giving someone the power to act on behalf of someone else, except for healthcare decisions. If the principle is already mentally incompetent, a power of attorney cannot be established, as the principle must be able to act on his or her own behalf.

Therefore, all powers of attorney, no matter what the type, automatically expire when the agent is made aware of the principal's death. Generally, a power of attorney must be granted when the principal is mentally competent and expires when the principal becomes incapacitated.

Power of attorney (POA) documents allow a person (the principal) to give a trusted individual (the agent) the ability to make decisions on their behalf. A POA can be written to grant an agent the ability to act in very broad terms or to only take specific actions.

Your power of attorney can only authorize your agent to act on your behalf if you have your signature notarized. Texas does not require that you have the signatures of witnesses in addition to that of a notary. Your agent is not required to sign your GPOA. You don't have to file your power of attorney with the court.

By signing a durable power of attorney, the principal authorizes another person to engage in specified business, financial and legal transactions on his or her behalf.

Have your power of attorney document with you when you sign anything on the principal's behalf. ... Sign the principal's name first, not your own. ... Sign your own name after the principal's name, after including the word by. ... End the signature by indicating that you're acting under power of attorney.

1 attorney answer Generally speaking, no, a POA does not have to be filed in the courthouse. Sometimes, some states do require POAs to be filed for certain events, such as for an agent under a POA conveying property to someone else on behalf of the principal. But, by and large, POAs need not be filed.

At least one of the witnesses may not be a relative, health care provider or person interested in the estate of the principal. A medical power of attorney does not, however, have to be notarized.

Your spouse, by the way, does not automatically have your power of attorney over property that is in your name only. A power of attorney will define what the agent can do on your behalf, and in what circumstances.

For example, in most states, both spouses must agree to the sale of co-owned real estate or cars. Because an incapacitated spouse can't consent to such a sale, the other spouse's hands are tied. When it comes to property that belongs only to you, your spouse has no legal authority without a durable power of attorney.

If you and your spouse are informally or legally separated, the spouse may still be able to make medical decisions on your behalf prior to your divorce. There is no case law on this issue. ... There is no case law on this issue, either. A health care directive or power of attorney appoints one person as the decision maker.

If the person who is granting the power of attorney is incapacitated, then they cannot create a power of attorney for another person to sign. The interested party can petition the court for guardianship. Guardianship can be over the person, the property or the person and property of the incapacitated person.

Step 1: Determine which type of POA you will need. Step 2: Download the Texas Medical Power of Attorney disclosure statement form. You can find this on the Texas Medical Association website. ... Step 3: Take this form to a notary public to have it notarized.