Understanding The Power Of Attorney In Texas (2026)

Understanding a Power of Attorney

POAs allow another party (an agent) to handle certain decisions and actions for the principal. You can use a power of attorney in Texas to manage bank accounts, take care of real-estate transactions, avoid court-supervised guardianship or make decisions regarding medical actions.

Some POAs remain valid as long as the principal is mentally competent, while others extend beyond that.

Types of POAs Recognized in Texas

In Texas, a common type of POA is the general power of attorney. This grants the agent a broad amount of power over financial matters, but it’s typically revoked if you become incapacitated.

If you need someone to make medical decisions for you, you should sign a medical power of attorney. For financial management, a durable POA may be best. This document remains in place even if you’re incapacitated.

A power of attorney in Texas can also be limited. Limited POAs allow an agent to act on your behalf for a specific reason, like selling a home. The state also recognizes springing durable POAs, which “spring” into action when an event occurs, like a doctor confirming your incapacity.

Legal Requirements for Signing a POA

For a POA to be valid in Texas, the principal must be of sound mind when they sign it, and they must be at least 18 years old. The authority to act on their behalf must be in writing, and the document must be notarized.

Steps to Create a POA in Texas

You’ll need to first decide on the right type of POA and select an agent. Take time with this choice. It’s important to name a successor agent in case the first one can’t serve.

Once you’ve chosen an agent, decide on the scope of the POA, including how long you want it to remain in effect and for what purpose. You can often use an online template to create the POA itself. Sign and notarize this document. Keep the original and make copies for the agent, financial institutions and other third parties.

How to Revoke a POA

To revoke a POA in Texas, you’ll need to demonstrate that the agent is unable or unwilling to serve or that they have mismanaged their powers. You may be able to revoke the POA if your relationship with the agent has changed or if you would like to appoint someone else.

Revoking the POA will require a written document. You can do this at any time, as long as you are mentally competent.

Need to Create a POA in Texas?

If you’re considering creating a POA in Texas, choosing the right type is vital for protecting your best interests. Explore our collection of forms and guides at ConsumerShield today.