Power of Attorney and Health Care – General – Texas
In the Texas Durable Power of Attorney Act, a “durable power of attorney” is a written instrument that: designates another person as attorney in fact or agent; is signed by an adult principal; contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal,” or “This power of attorney becomes effective on the disability or incapacity of the principal,” or similar words showing 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 is acknowledged by the principal before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state or any other state.
(Sec. 751.131 to Sec. 751.135)
A durable power of attorney does not lapse simply with the passage of time unless the power of attorney specifically states a time limitation.
Unless the durable power of attorney provides otherwise, 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.
Recording Durable Power of Attorney
A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded must be recorded in the office of the county clerk of the county in which the property is located.
A person may use, but is not required to use, the statutory durable power of attorney form. Any power of attorney, however, must be in substantially the statutory form. The validity of a power of attorney which meets the statutory requirements is not affected by the fact that one or more of the categories of optional powers listed in the statutory form are struck or the form includes specific limitations on or additions to the attorney in fact’s or agent’s powers.
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