How To Make Someone Power of Attorney in Texas (POA)

Granting someone Power of Attorney (POA) in Texas is a key step in making sure your affairs are handled if you’re ever unable to manage them yourself. Whether you're planning for the future or preparing for a specific situation, assigning a trusted person to act on your behalf can offer peace of mind and protection. This guide breaks down how to make someone your Power of Attorney in Texas—what it means, why it matters, and how to get it done legally and confidently.

What Is a Power of Attorney in Texas?

In Texas, a Power of Attorney (POA) is a legal document that gives someone you trust the authority to act on your behalf in certain matters. Depending on the type of POA, they may be able to manage your finances, make medical decisions, or handle other personal affairs—either immediately or if you become unable to do so yourself.

Definition and Purpose of a POA

A Power of Attorney (POA) is a legal document that allows you—the principal—to give another person—the agent or attorney-in-fact—the authority to act on your behalf. This authority can be broad or limited, depending on your needs and the type of POA you create.

The primary purpose of a POA is to ensure that someone you trust can manage your affairs if you're unable to do so yourself. This could include handling financial matters, making medical decisions, managing property, or taking care of day-to-day tasks. A POA provides peace of mind by helping you stay in control of your life, even if unforeseen circumstances arise.

Common Types of Power of Attorney in Texas

In Texas, there are several types of Power of Attorney (POA), each designed for different situations. Understanding the differences can help you choose the right one for your needs.

• Durable Power of Attorney: Allows your agent to manage financial and legal matters on your behalf. It takes effect when specified and remains in effect even if you become incapacitated. 

• Medical Power of Attorney: Grants your agent the authority to make healthcare decisions if you’re unable to communicate or make them yourself. 

• Limited or Special Power of Attorney: Gives your agent authority to act only in specific situations—such as selling a home or handling a single transaction—and usually ends after the task is completed or a set time period.

• Springing Power of Attorney: Becomes effective only if a specific condition is met, typically when a doctor certifies that you are incapacitated. 

Each type serves a unique purpose, and you can have more than one in place depending on your needs.

Texas Power of Attorney Requirements

To create a valid Power of Attorney in Texas, the person granting authority must be at least 18 years old and mentally competent at the time of signing. The POA must be in writing and clearly outline the powers being granted. Texas provides a statutory form for financial POAs, but custom documents are also accepted if they meet state requirements.

Most POAs must be signed in front of a notary public. For a Medical Power of Attorney, the document must be signed in front of either two qualified adult witnesses or a notary—one of the witnesses must be someone who isn’t related to you or entitled to inherit from your estate. These requirements ensure the POA is legally enforceable and can be used when needed.

Steps to Make Someone Power of Attorney in Texas

Granting someone Power of Attorney (POA) is a straightforward but important process. Here's how to make someone Power of Attorney in Texas.

1. Choose the Right Type of POA

Start by deciding what kind of POA fits your needs. If you want someone to manage your finances, a Durable Power of Attorney is likely appropriate. If you're planning for healthcare decisions, you'll need a Medical Power of Attorney. You can also create a Limited or Springing POA if you want to restrict the agent’s powers or activate them only under specific circumstances.

2. Select a Trustworthy Agent (Attorney-in-Fact)

Your agent will have significant authority, so it’s essential to choose someone reliable, responsible, and capable of acting in your best interest. This can be a spouse, family member, friend, or professional—but they must be someone you fully trust. Discuss the matter with them beforehand to ensure they understand your wishes the role. 

3. Fill Out the Appropriate Texas POA Form

Texas offers official forms for Durable and Medical POAs, but you can also use a custom document. Be sure it clearly defines the powers granted and follows Texas state requirements. If you’re unsure, working with a trusted platform or legal professional can help ensure accuracy.

4. Sign the Document in Front of a Notary Public

Most POAs in Texas must be notarized to be legally valid. For a Medical POA, you can choose to sign in front of two qualified witnesses instead—but, again, one must be someone who isn’t related to you or financially tied to your estate.

5. Provide Copies to Relevant Institutions (Banks, Doctors, etc.)

Once signed, share copies of your POA with the people or institutions your agent may need to work with. This could include your bank, financial advisor, insurance company, or healthcare providers. Keeping them informed helps avoid delays in emergencies.

6. File With the County Clerk (When Required)

In some cases—like when your agent needs to manage real estate—your POA may need to be filed with the county clerk in the county where the property is located. Check local requirements to make sure your document is properly recorded if needed.

How Long Does a Power of Attorney Last in Texas?

In Texas, the duration of a Power of Attorney depends on the type you create:

• A Durable Power of Attorney remains in effect until you revoke it or pass away—even if you become incapacitated.

• A Medical Power of Attorney only takes effect if you become unable to make your own healthcare decisions and ends when you regain capacity or pass away.

• A Limited or Special Power of Attorney ends when the specific task or time period outlined in the document is completed.

• A Springing Power of Attorney begins only after a triggering event—like a doctor certifying incapacity—and ends like a Durable POA, upon your death or revocation.

You can revoke any POA at any time, as long as you're mentally competent. Once you pass away, all POAs automatically end, and your estate will be managed by your executor or personal representative.

How Do You Revoke or Change a Power of Attorney in Texas

To revoke or change a Power of Attorney (POA) in Texas, you must be mentally competent and take clear legal steps. The most common way to revoke a POA is by creating a written revocation document that states your intent to cancel the existing POA. This document should be signed, dated, and ideally notarized for clarity and legal strength.

Once the revocation is complete, notify your agent and any institutions that have a copy of the original POA, like banks, doctors, or insurance providers. If you want to change your POA, you’ll need to create a new one and go through the same process as before, including signing it in front of a notary or witnesses (depending on the type). Just remember: a new POA does not automatically cancel the old one: revocation must be done separately to avoid confusion.

FAQs: 

How much does a power of attorney cost in Texas​?

The cost to create a Power of Attorney in Texas can range from free to several hundred dollars, depending on how you do it. If you use an online platform like Trust & Will, it typically costs less than working with a private attorney. Notarization fees may apply, and some counties may charge a small fee if you need to file the document. 

Can I do my own power of attorney in Texas?

Yes, you can create your own Power of Attorney in Texas. The state provides standard forms, and as long as your document meets legal requirements, like being properly signed and notarized, it’s valid. That said, using a trusted online platform like Trust & Will can help ensure your POA is state-specific, legally sound, and easy to update. You can also create an online will as part of the process. 

Does a power of attorney need to be notarized in TX?

Yes, in Texas, most Power of Attorney documents—especially a Durable Power of Attorney—must be notarized to be legally valid. A Medical Power of Attorney can either be notarized or signed in front of two qualified adult witnesses (one of whom must not be related to you or entitled to your estate). Notarization helps confirm the document’s authenticity and ensures it will be accepted by financial institutions and healthcare providers.

Can a power of attorney be contested in Texas?

Yes, a power of attorney can be contested in Texas. Common reasons include the principal lacking mental capacity when the document was signed, improper execution, or the agent abusing their authority. Any interested party, such as a family member or friend, can file a petition in probate court to challenge it. If the principal is still mentally competent, they can revoke the power of attorney themselves through a written, notarized revocation.

Set Up Your Texas Power of Attorney Easily with Trust & Will

Creating a Power of Attorney in Texas is one of the most important steps you can take to protect yourself and your loved ones—whether you’re planning ahead or preparing for the unexpected. From choosing the right type of POA to making it legally valid and ensuring it’s ready when needed, every step matters. At Trust & Will, we make the process simple, secure, and state-specific. Our platform guides you through creating your POA documents with clarity and confidence, helping you appoint someone you trust to act on your behalf. Get started today and take control of your future, on your terms.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.