Texas Power of Attorney

A power of attorney does not have an expiration date unless the principal includes a termination date in their power of attorney form. Nevertheless, it is recommended that you review the power of attorney regularly to determine if any changes are needed. Major life events, such as the birth of a child or receiving new assets, may make it necessary to amend the form or create a new one. If you need to do this, simply use LegalNature's form to revoke your first power of attorney and modify your wishes.

The principal is under no obligation to maintain a power of attorney and can end the power of attorney at any time and for any reason. It is always a good idea to notify your agent and any third-party institutions that you are cancelling your power of attorney.

To revoke a power of attorney, you need to expressly indicate this in a written form. You can use our revocation form to revoke your existing power of attorney or create a new power of attorney that indicates the previous power of attorney is revoked.

There is normally no need to register a power of attorney in Texas. The exception is real estate: if your agent will buy or sell property on your behalf, the POA typically needs to be notarized and recorded with your local county land-records office before the transaction closes.

Yes. Under the modified Uniform Power of Attorney Act framework that Texas follows, your agent cannot make gifts, change your beneficiary designations, create or amend a trust, or waive your survivor annuity rights unless you specifically authorize each of these powers in the document. In every state, an agent can never vote on your behalf or make or change your will.

In all states, a general power of attorney will cease to be effective if the principal becomes incapacitated. If the principal specifies that the power of attorney is to be durable, then the agent's powers will continue even if the principal is incapacitated. Texas is an exception worth noting: even though it has adopted a modified version of the Uniform Power of Attorney Act, that durability language must still be included expressly rather than assumed by default.