The Texas durable power of attorney is an important legal document that people use to assign duties and responsibilities to their agents to act on their behalf when they are incapacitated. If you live in Texas and you're looking to learn how to write the durable POA, then this article has got you covered.
What Is the Texas Durable Power of Attorney?
The Texas durable power of attorney is a legal document that you can use to designate someone else, usually known as the agent, to represent your financial interests and make decisions even when you are still alive.
If your agent makes a decision, the decision is binding so long as you have not revoked the durable POA. Therefore, before you make someone your agent, take time to study the person and know his/her character. At best, what you should do is to appoint a close family member or a trusted friend.
How to Write The Texas Durable Power of Attorney Form?
It is pretty straightforward to write the Texas durable power of attorney. There are no complicated processes or complex procedures to follow. In fact, we have some samples for you to go through here on our website.
Here is now to write a Texas durable power of attorney.
Step 1: Choose Your Agent
The first step is to appoint someone to serve as your agent. Remember to appoint someone you trust or a close family member. You can appoint a successor should in case your agent becomes incapacitated too.
Step 2: Draft The Durable Power of Attorney
Write the Texas durable power of attorney and include the expiration date. You must also state how you want the durable POA to be applied. The durable POA must be signed and notarized.
Step 3: Review Your Letter
Review what you have written down. Use clear language and state in full both your name and that of the agent.
Do Banks Accept The Texas Durable Power of Attorney?
A durable power of attorney gives authority to whoever you appoint as you agent to take decision on your behalf when you are incapacitated. In the event that something bad happens to you, a durable power of attorney will prevent the court from declaring you incompetent.
Absolutely, most financial institutions accept the Texas durable POA for financial transactions. However, banks are usually careful when considering the usage of the durable POA forms. They scrutinize the POA to ensure the funds recipient is not a fraudster.
In the event that a bank declines someone who presented a Texas durable power of attorney to withdraw money on behalf of the principal, you have the right to sue the bank for damages.
The Texas durable power of attorney form is an important legal document that you should possess if you want to authorize an agent to act on your behalf. Regardless of the type of power of attorney that you need, you can find the sample on this page.
You can create, download, and print the durable power of attorney form in Texas seamlessly on our website. If you are stuck anywhere along the line, we have a talented team that will work you through the whole process.
Texas Durable Power of Attorney FAQs
How do I get a durable power of attorney in Texas?
Getting a durable power of attorney form in Texas is not as difficult as most people think. Here are the requirements. The process must be in writing. You must state the person's name who you want to function as your agent. You must also state how you want the durable POA to be applied. Finally, the durable POA must be signed and notarized.
Does a durable power of attorney have to be notarized in Texas?
The law in Texas requires that all durable power of attorney should be notarized before it is valid. In fact, under the current Texas statutory durable POA forms, your agent is mandated to sign any POA forms.
What is the difference between a durable power of attorney and a statutory power of attorney?
Generally, we all know that a durable power of attorney is a legal document that gives someone the permission to act on behalf of a principal. Under the Texas Estates Code, should you be unable to carry out financial transactions, the statutory durable power of attorney can be applied to enable your agent to function on your behalf.
Does a power of attorney have to be filed with the court in Texas?
For a power of attorney in Texas to be valid, you don't necessarily need to fill it in court. The only time it is required for you to fill a durable power of attorney in the court is when you want your agent to represent you in real estate transactions.