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To be valid in Texas, a medical power of attorney must either be: signed by you in the presence of two witnesses, who also sign the document; or. signed by you in the presence of a notary public.
It must be in writing, It must name the person that you want to be your agent, and. It must say how the power of attorney is to be used. For example: If you want a financial durable power of attorney to continue even if you become disabled, it must say: It must be signed and notarized.
A statutory power of attorney is a power of attorney that copies the language in a state statute. The provisions of the Statutory Power of Attorney are provided by the laws of the particular state. It also includes an example of a form that may be used.
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.
You can draft a durable power of attorney by writing out or typing the document, which should include the date, your full name, and speech that clearly identifies the document as a durable power of attorney that applies even in the case of your incapacitation.
A Texas statutory durable power of attorney only needs to be signed by the person giving the power and notarized.
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.
Generally, a power of attorney allows you to designate an agent to perform specific functions on your behalf. Under the Texas Estates Code, statutory durable power of attorney can be used to appoint an agent to make certain financial decisions for you should you be unable to do so.
Texas's 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 principal's health care.