How to Obtain Power of Attorney Forms in Texas
A power of attorney delegates to another person the authority to handle finances or other issues. There are four basic kinds of powers of attorney, according to the AARP. These are limited, general, durable and springing. Limited and general powers of attorney are invalid upon your incapacity to act or upon your death. The durable power of attorney is most common, and it authorizes your agent to act for you if you are incapacitated, but can go into effect immediately upon signing. The springing power of attorney springs into action only if you are incapacitated. Once you determine the type of power of attorney you need, obtain and complete a form specific to Texas if you reside in Texas. You can find forms online for a Texas power of attorney.
Instructions
Texas Probate Code
- 1
Check the Texas Probate Code. Texas provides a statutory durable power of attorney form in the Texas Probate Code that is an effective format for Texans.
2Use the second link in References to get any recent legislative changes to the law. You must be an adult principal to make a power of attorney in Texas, and the statute covers formats for the durable and springing powers of attorney.
3Copy and paste the form into a word processing program.
4Complete the form with your personal information and print it.
Internet Legal Research Group Forms
- 5
Use the ILRG forms for a power of attorney. The Internet Legal Research Group provides free forms for both a general power of attorney that gives extensive agency capacity to the attorney-in-fact and more specific forms for different states, including Texas.
6Choose the form that best suits your situation. The durable power of attorney form looks much like the statutory format, but there are also forms for revocation of a power of attorney and the statutory medical power of attorney for Texas.
7Copy the form of choice to a word processing program and complete the blanks with your personal information.
Legacy Writer and LegalZoom
- 8
Use Legacy Writer or Legal Zoom to produce a completed power of attorney.
9Complete the information requested with the fill-in-the-blanks form. Be sure you know what powers you want the agent to have, and delegate only those duties to your attorney-in-fact. Texas law provides for the revocation of powers upon divorce if the agent is the spouse, but if circumstances change, revocation is not otherwise a practical option. Once the completed power of attorney is in the hands of the agent, there is no revocation attached to the document. Nothing prevents an agent with revoked powers from using the revoked document to carry on your business until the revocation is distributed to your bank and other business places you use.
10Print or download the completed form. Legacy Writer is free; LegalZoom has a small fee.
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