{"id":376611,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-durable-power-of-attorney-laws.html"},"modified":"2026-06-17T11:27:54","modified_gmt":"2026-06-17T16:27:54","slug":"texas-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-durable-power-of-attorney-laws.html","title":{"rendered":"Texas Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Texas Durable Power of Attorney Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A Texas<\/span> durable power of attorney<\/span> is a legal document<\/span> that authorizes an agent to manage a principal\u2019s financial or medical affairs, even if the principal becomes incapacitated. A valid durable power of attorney<\/span> must be made by a principal who is a competent adult, notarized, and state that the legal document<\/span> continues in the event of the principal\u2019s incapacity<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A power of attorney (POA<\/span>) is a legal document<\/span> in which one person (the principal) grants specific authority to another person (agent or attorney-in-fact<\/span>) to act on behalf of the principal<\/span>. A power of attorney terminates upon the principal’s incapacity<\/span>, whereas a durable<\/span> power of attorney<\/span><\/a> (DPOA) includes durability language. This indicates that the agent\u2019s authority<\/span> survives the principal\u2019s incapacity<\/span>. One example of durability language is: \u201cThis power of attorney is not affected by my subsequent disability or incapacity<\/span>.\u201d This language is from the Texas<\/span> Statutory <\/span>Durable <\/span>Power of Attorney<\/span><\/a> form<\/span>.<\/p>\n

Durable powers of attorney<\/span> are an important part of a comprehensive estate plan<\/span>. With them, you can plan for your potential incapacity<\/span> by appointing an agent to manage your financial decisions<\/span> or healthcare decisions<\/span> while you are unable to do so yourself. Without these important legal documents<\/span> in place, the probate<\/span> court could end up making these important choices for you.<\/p>\n

Estate planning<\/span> can specify how our assets pass at death, but a comprehensive\u00a0estate plan<\/span>\u00a0also addresses potential incapacity<\/span>. This overview explores the Texas<\/span> requirements for a valid durable power of attorney<\/span>, the agent\u2019s powers<\/span> and limitations, how a durable power of attorney<\/span> terminates, and options for creating one.<\/p>\n

Texas<\/span> Requirements for a Valid Durable Power of Attorney<\/span><\/h2>\n

While there is some overlap, the requirements for a valid durable power of attorney<\/span> for financial matters<\/span> differ from the requirements for a valid medical power of attorney<\/span>. Let\u2019s identify and examine the differences between them.<\/p>\n

Durable Power of Attorney<\/span> for Financial Matters<\/span><\/h3>\n

The statutory authority for a financial Durable Power of Attorney<\/span> is in the Texas<\/span> Estates Code<\/span><\/a>. The statutes address:<\/p>\n