Power of Attorney in Texas: A Complete Guide

# Power of Attorney in Texas: A Complete Guide A Power of Attorney (POA) is one of the most important legal documents you can create. It allows you to appoint someone you trust to handle your affairs if you become unable to do so. Here's what Texas residents need to know about this essential document. ## Types of Power of Attorney in Texas Texas recognizes several types of POA documents: ### Durable Power of Attorney - Remains in effect if you become incapacitated - Can be effective immediately or upon incapacity ("springing") - Covers financial and property matters ### Medical Power of Attorney - Specifically for healthcare decisions - Takes effect only when you cannot make medical decisions - Different from a living will or advance directive ### Limited Power of Attorney - Grants authority for specific transactions or time periods - Automatically expires when the task is complete or time elapses - Often used for real estate or business transactions ### General Power of Attorney - Grants broad authority over financial matters - Automatically terminates if you become incapacitated - Less commonly used due to this limitation ## Requirements for a Valid POA in Texas For a Power of Attorney to be legally valid in Texas: 1. **You must be mentally competent** when you sign it 2. **It must be in writing** 3. **It must be signed by you (the principal)** 4. **It must be notarized** 5. For real estate transactions, it must be recorded in the county where the property is located ## The Notarization Process Proper notarization is essential for a valid POA: 1. **Both parties must appear before the notary** (the principal must always appear; the agent only in certain circumstances) 2. **The principal must present valid ID** 3. **The notary must verify the principal's willingness and competence** 4. **The document must be signed in the notary's presence** 5. **The notary applies their seal and signature** ## Choosing Your Agent When selecting someone to be your agent (attorney-in-fact): - Choose someone you trust implicitly - Ensure they're willing to serve in this capacity - Consider their financial knowledge and responsibility - Discuss your wishes and expectations with them - Consider naming a successor agent as backup ## Revoking a Power of Attorney You can revoke a POA at any time as long as you're mentally competent: 1. Create a written revocation document 2. Have the revocation notarized 3. Provide copies to all relevant parties 4. Record the revocation if the original was recorded ## Mobile Notary Services for POA Documents Creating a Power of Attorney often occurs during challenging times. A mobile notary can make the process easier by: - Coming to your home, hospital, or care facility - Ensuring proper execution of the document - Providing a professional, compassionate service - Accommodating multiple signers if needed Houston Mobile Notary Pros specializes in notarizing sensitive legal documents like Powers of Attorney. Contact us to schedule a convenient appointment at your location.