Fillable Form Texas Statutory Durable Power of Attorney

What is a Texas DPOA?

A Texas Durable Power of Attorney (DPOA) is a legal document that grants an individual (the "agent" or "attorney-in-fact") the authority to manage financial and legal matters on behalf of another person (the "principal"), even if the principal becomes incapacitated. Unlike a regular power of attorney, which typically ends when the principal becomes incapacitated, a statutory durable power of attorney remains in effect until the principal's death or until it is revoked.

A DPOA is a legal document that grants an individual (the "agent" or "attorney-in-fact") the authority to manage financial and legal matters on behalf of another person (the "principal"), even if the principal becomes incapacitated. Unlike a regular power of attorney, which typically ends when the principal becomes incapacitated, a durable power of attorney remains in effect until the principal's death or until it is revoked. This document allows the agent to act in the principal's best interest and handle diverse tasks such as safeguarding the person's financial interests, conducting commodity and options transactions, ensuring all legal documentation is attorney notarized, and ensuring that everyday responsibilities like paying bills are adequately managed.

How do I fill out a Texas DPOA?

A fillable template for a Texas DPOA form can be found here.

Name and Address

Enter your name and residential address.

Representative’s Name and Address

Enter the representative you are appointing’s name and address.

Withholding Powers

If you seek to withhold a particular power from your representative, mark the relevant box or boxes from the following:

1. Real property transactions
2. Tangible personal property transactions
3. Stock and bond transactions
4. Commodity and option transactions
5. Banking and other financial institution transactions
6. Business operating transactions
7. Insurance and annuity transactions
8. Estate, trust, and other beneficiary transactions
9. Claims and litigation
10. Personal and family maintenance
11. Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service
12. Retirement plan transactions
13. Tax matters
14. Digital assets and the content of an electronic communication
15. All of the powers listed from A through N (if you mark this, you do not have to mark any other boxes from this section)

Grant of Specific Authority

For this (optional) section, mark the acts which you are allowing your representative to do (any lines you leave unmarked will indicate that your representative does not have the authority to do the relevant act)

• Create, amend, revoke, or terminate an inter vivos trust
• Make a gift, subject to the limitations of Section 751.032 of the Durable Power of Attorney Act (Section 751.032 Estates Code) and any special instructions in this power of attorney
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Authorize another person to exercise the authority granted under this power of attorney

Special Instructions

Mark the relevant lines that are applicable to agent compensation, co-agents, and gifts

• Agent Compensation
  • Entitled to reimbursement of reasonable expenses incurred on my behalf and to compensation that is reasonable under the circumstances
  • Entitled to reimbursement of reasonable expenses incurred on my behalf, but shall receive no compensation for serving as my agent
• Co-agents
  • Each of my co-agents may act independently for me
  • My co-agents may act for me only if the co-agents act jointly
  • My co-agents may act for me only if a majority of the co-agents act jointly
• Gifts
  • Agent is granted the power to apply my property to make gifts outright to and for the benefit of a person

Special Instructions - Limiting or Extending Powers Granted

If you wish to set particular terms for particular powers that you have granted, enter said terms here.

Alternatives

Cross out only one of the following if you wish to avail of the option you do not cross out:

1. This power of attorney is not affected by my subsequent disability or incapacity
2. This power of attorney becomes effective upon my disability or incapacity

Read the rest of this section carefully.

Successor

Enter the name of the successor of your agent, in the event that your representative dies, becomes incapacitated, resigns, or is otherwise unable to serve as your agent any longer.

Signature

Sign the form in the space provided.

Notary Section

Enter the state and county that this form is being notarized in, then enter the date and the name of the person(s) that appeared before the notary in order to verify the form.

Finally, have the notary sign or stamp the form in the space provided, then enter the notary’s full name and the date that their commission expires.

Important Information for Agent

Agent’s Duties

Read the duties and requirements of the agent in this section carefully. For Item 5 in this section, enter the name of the principal and have the agent sign the form in the space provided.

Termination of Agent’s Authority

This section lists the events that would result in the termination of your appointed representative’s authority unless you state otherwise.

Liability of Agent

This section details the liability of the agent for all damages caused by the violation of the Durable Power of Attorney act or actions beyond the authority granted to them.

Certification of Durable Power of Attorney

Have the agent fill in the following details in the relevant spaces in this section.

• Name of Agent
• Name of Principal
• Date of Appointment
• Principal’s Current Residential Address
• Name of Predecessor (if applicable)
• Office in which Power of Attorney was executed

Read the entire section carefully - it will serve as a certification of the entire agreement. Then enter the date that this form was filled out, and have the agent sign the form in the space provided.

Notary Section

Enter the state and county that this form is being notarized in, then enter the date and the name of the person(s) that appeared before the notary in order to verify the form.

Finally, have the notary sign or stamp the form in the space provided, then enter the notary’s full name and the date that their commission expires.

Frequently Asked Questions (FAQs)

What does "durable" mean in the context of this form?

"Durable" means that the power of attorney remains in effect if the principal becomes incapacitated. It ensures continued authority without interruption due to incapacity.

Can the principal limit the agent’s powers in a Texas DPOA?

Yes, the principal can specify which powers the agent has. This could include only certain financial transactions or exclude certain actions.

When does a Texas Durable Power of Attorney take effect?

It can take effect immediately upon signing, or it can be "springing," meaning it only becomes effective if the principal becomes incapacitated.

Can a Texas Durable Power of Attorney be revoked?

Yes, the principal can revoke the DPOA at any time as long as they are mentally competent. This must be done in writing and may require notifying the agent.

Does a Texas Durable Power of Attorney cover medical decisions?

No, a DPOA only covers financial and legal matters. Medical decisions require a separate document called a Medical Power of Attorney.

How long is a Texas Durable Power of Attorney valid?

It remains valid until the principal’s death or until it is revoked. If not revoked, it continues even if the principal is incapacitated.

Do you need a lawyer to create a Texas Durable Power of Attorney?

While a lawyer is not required, it is advisable to consult one to ensure the document is properly drafted and meets legal requirements. A lawyer can help customize the form based on the principal's needs.

Does the Texas Durable Power of Attorney need to be notarized?

Yes, it must be signed by the principal in the presence of a notary public to be legally valid.

Can more than one person be named as an agent?

Yes, multiple agents can be named. The principal can specify whether the agents must act together or if they can act independently.

What happens if the agent in a Texas DPOA is unable or unwilling to serve?

The principal can name a successor agent in the document. If no successor is named, the court may appoint a guardian.

Can an agent use a Texas DPOA to make gifts on behalf of the principal?

Yes, but only if the power to make gifts is explicitly included in the document. This is an optional power that must be clearly authorized.

Is a Texas DPOA still valid if the principal moves to another state?

Generally, a Texas DPOA remains valid if the principal moves to another state, but it’s advisable to review the document under the laws of the new state. Some states may have different requirements.

What duties does an agent have under a Texas Durable Power of Attorney?

The agent has a fiduciary duty to act in the best interests of the principal. This includes managing finances responsibly and avoiding conflicts of interest.

Can a Texas DPOA be used to manage real estate transactions?

Yes, if the DPOA grants that specific authority, the agent can handle real estate matters, such as selling or leasing property. The document should specify the scope of these powers.

What is a “springing” durable power of attorney?

A “springing” DPOA only takes effect when a specific event, such as the principal's incapacity, occurs. The document must clearly define what constitutes incapacity.