Texas Estate Planning — Statewide
Texas Power of Attorney — Protect Yourself If You Can't
A durable power of attorney lets someone you trust manage your finances and legal affairs if you become incapacitated. A medical power of attorney lets them make healthcare decisions. Without these documents, your family must go to court. Texas Defense Team prepares POA documents statewide.
Durable Power of Attorney in Texas — Managing Your Affairs
A durable power of attorney (DPOA) appoints an agent to manage your financial and legal affairs. 'Durable' means the authority continues (or takes effect) even if you become mentally incapacitated — the defining situation where POA matters most.
Under Tex. Est. Code Chapter 751 (the Texas Durable Power of Attorney Act), a DPOA can grant your agent authority to:
• Manage bank accounts and investment accounts
• Pay bills and manage debt
• Buy, sell, or manage real property
• File tax returns
• Manage business interests
• Make gifts on your behalf
• Access safe deposit boxes
Without a DPOA, if you become incapacitated, your family must petition the court for a guardianship — a time-consuming and expensive process that gives the court (not you) control over who manages your affairs.
- Tex. Est. Code Ch. 751 — Texas Durable Power of Attorney Act
- Tex. Est. Code §751.0021 — Requirements for a valid durable power of attorney
Medical Power of Attorney in Texas — Healthcare Decisions
A medical power of attorney (MPOA) under Tex. Health & Safety Code Chapter 166 appoints an agent to make healthcare decisions on your behalf when you cannot make them yourself. Your agent can:
• Consent to or refuse medical treatment
• Choose healthcare providers and facilities
• Make decisions about surgery, hospitalization, and medications
• Access your medical records
The MPOA takes effect only when your physician certifies in writing that you lack the capacity to make healthcare decisions yourself.
The MPOA is different from an advance directive (living will) — an advance directive states your specific wishes (like DNR preferences); an MPOA appoints someone to make decisions in situations your advance directive does not cover.
Texas Defense Team prepares both documents as part of a complete estate planning package.
- Tex. Health & Safety Code Ch. 166 — Texas Advance Directives Act — medical POA and advance directives
Why You Need Both POA Documents — Now, Not Later
Many people assume they will prepare these documents when they are older or if health problems arise. The problem: powers of attorney must be executed while you have mental capacity. Once you lose capacity — from an accident, sudden illness, or dementia — it is too late to sign.
The cost of not having a POA:
• Family members cannot access your bank accounts to pay your bills
• Doctors make decisions based on whoever is present, not necessarily who you would choose
• Your family must petition the court for guardianship — a process that can take months and cost thousands of dollars
• A court-appointed guardian may not be the person you would have chosen
Texas Defense Team recommends preparing a complete estate planning package — will, durable POA, medical POA, and advance directive — as a single coordinated effort. Attorney-reviewed wills start at $299 at MaxWills.ai; POA documents are added in a full estate planning consultation.
Frequently Asked Questions
Does a Texas power of attorney need to be notarized?+
Yes. A Texas durable power of attorney must be signed by the principal (the person granting authority) in the presence of a notary public or two witnesses under Tex. Est. Code §751.0021. A medical power of attorney under Tex. Health & Safety Code §166.154 must be signed in the presence of two witnesses (notary is optional but common). Both are strongly recommended to be notarized for broad acceptance.
Can I revoke my Texas power of attorney?+
Yes. As long as you are mentally competent, you can revoke a power of attorney at any time by notifying your agent in writing and notifying any third parties (banks, healthcare providers) who have been relying on it. To fully revoke a recorded real estate POA, record the revocation in the same county where the POA was recorded.
Who should I name as my agent in a Texas power of attorney?+
Your agent should be someone you trust absolutely with financial or healthcare decisions — a spouse, adult child, sibling, or trusted friend. Name an alternate agent in case your primary choice is unavailable. The agent does not need to be a Texas resident or an attorney, but they must be at least 18 years old.