Official Texas Durable Power of Attorney Document Get Durable Power of Attorney Here

Official Texas Durable Power of Attorney Document

A Texas Durable Power of Attorney form is a legal document that allows an individual, known as the principal, to designate another person, called the agent, to make financial and legal decisions on their behalf. This form remains effective even if the principal becomes incapacitated, ensuring that their affairs can be managed without interruption. Understanding the specifics of this form is crucial for anyone looking to plan for future health or financial challenges.

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When planning for the future, understanding the Texas Durable Power of Attorney form is crucial for ensuring that your financial and medical decisions are managed according to your wishes. This legal document allows you to designate a trusted individual, known as your agent, to make decisions on your behalf if you become unable to do so. It covers a wide range of powers, from handling your finances and managing your property to making healthcare decisions. Importantly, the durable aspect means that the authority granted to your agent remains effective even if you become incapacitated. This form can be tailored to fit your specific needs, allowing you to specify the powers you wish to grant. Additionally, it is essential to consider the implications of this document carefully, as it can significantly impact your life and the lives of your loved ones. Taking the time to understand how this form works and the responsibilities it entails is vital for your peace of mind and the well-being of your family.

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Texas Durable Power of Attorney

This Texas Durable Power of Attorney ("Document") is created pursuant to the Texas Estates Code, Title 2, Subtitle P, Chapter 751, known as the Durable Power of Attorney Act. By this Document, the Principal grants authority to an Agent to act in the Principal's behalf in any way the Principal could do if present and under no disability, subject to any limitations stated herein.

1. Parties

The Principal: ___________________________________________________________________________

Address: ________________________________________________________________________________

The Agent: _____________________________________________________________________________

Address: ________________________________________________________________________________

In the event the above-named Agent is unable or unwilling to serve, the following Successor Agent is hereby designated:

Successor Agent: ________________________________________________________________________

Address: ________________________________________________________________________________

2. Powers Granted

The Principal hereby grants to the Agent full authority to act on the Principal's behalf, including but not limited to the power to:

  • Buy, sell, exchange, rent, or lease property.
  • Collect rents, debts, and claims.
  • Borrow money and mortgage property.
  • Execute, acknowledge, and deliver deeds, leases, agreements, and other documents.
  • File tax returns, both state and federal, and pay taxes due.
  • Transact banking and investment business.
  • Handle legal claims and litigation.
  • Make healthcare decisions if provided for elsewhere in a separate document conforming to Texas laws on healthcare directives.
  • Exercise any powers relating to digital assets and digital accounts.

3. Durable Nature

This Power of Attorney shall not be affected by the subsequent disability or incapacity of the Principal and shall remain in effect until revoked by the Principal or the Principal's death unless a specific termination date is herein provided:

Termination Date, if any: __________________________________________________________________

4. Reliance by Third Parties

Any third party receiving a duly executed copy of this document may act under it. Revocation of this Power of Attorney is effective as to a third party only upon receipt of actual notice.

5. Governing Law

This Document shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions.

6. Execution

This Document was executed this ______ day of ______________, 20____, in the presence of the following witnesses and acknowledged before a notary public.

Principal's Signature: ___________________________________________

Print Name: _______________________________________________________

Witness #1 Signature: ___________________________________________

Print Name: _______________________________________________________

Witness #2 Signature: ___________________________________________

Print Name: _______________________________________________________

Notary Public

State of Texas

County of _________________________________________________________

On this ______ day of ______________, 20____, before me, _______________________________________, a notary public, personally appeared ________________________________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Document and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public's Signature: __________________________________________

Printed Name: _____________________________________________________

My commission expires: ____________________________________________

Form Information

Fact Name Description
Definition A Texas Durable Power of Attorney allows an individual to appoint someone to manage their financial affairs if they become incapacitated.
Governing Law This document is governed by Texas Statutes, specifically Title 2, Chapter 752 of the Texas Estates Code.
Durability The power of attorney remains effective even if the principal becomes incapacitated, hence the term "durable."
Agent Authority The appointed agent can handle a wide range of financial matters, including banking, real estate, and tax filings.
Revocation The principal can revoke the Durable Power of Attorney at any time, as long as they are mentally competent.
Witness Requirements In Texas, the document must be signed by the principal and witnessed by at least one person or notarized.
Limitations The agent cannot make healthcare decisions unless explicitly granted that authority in a separate document.
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