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Texas Durable Power of Attorney

According to Texas Estates Code Section 751.002, a “durable power of attorney” means a written instrument that:

(1) designates another person as attorney in fact or agent;

(2) is signed by an adult principal;

(3) contains:

(A) the words:

(i) “This power of attorney is not affected by subsequent disability or incapacity of the principal”; or

(ii) “This power of attorney becomes effective on the disability or incapacity of the principal”; or

(B) words similar to those of Paragraph (A) that show the principal’s intent that the authority conferred on the attorney in fact or agent shall be exercised notwithstanding the principal’s subsequent disability or incapacity; and

(4) is acknowledged by the principal before an officer authorized under the laws of this state or another state to:

(A) take acknowledgments to deeds of conveyance; and

(B) administer oaths.

Under Texas laws, a durable power of attorney does not lapse because of the passage of time unless the instrument creating the power of attorney specifically states a time limitation. However, unless otherwise provided by the durable power of attorney, a revocation of a durable power of attorney is not effective as to a third party relying on the power of attorney until the third party receives actual notice of the revocation.

A person may use a statutory durable power of attorney to grant an attorney in fact or agent powers with respect to a person’s property and financial matters.

A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, or other claim or right to real property, must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording.

Inside Texas Durable Power of Attorney