TX · POA · Updated July 2026 · Free
Texas Power of Attorney PDF
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Texas at a glance: Governing Law: Tex. Est. Code §§ 751-752 · Notarization: Required · Witnesses: Not required (but recommended)
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Overview
Powers of Attorney in Texas
Texas Power of Attorney law is governed by the Texas Estates Code, Chapter 751 (Durable Power of Attorney Act). Texas adopted the Uniform Power of Attorney Act (UPOAA) effective January 1, 2018, bringing Texas in line with many other states.
Texas requires a durable POA to be signed before a notary public. The agent cannot create a new POA on behalf of the principal unless the instrument expressly grants this power.
Key Facts
Texas Power of Attorney — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Governing Law | Tex. Est. Code §§ 751-752 |
| Notarization | Required |
| Witnesses | Not required (but recommended) |
| Statutory Form | Yes — Tex. Est. Code § 752.051 |
| UPOAA Adopted | Yes — effective January 1, 2018 |
| Medical POA | Separate Medical Power of Attorney required |
Legal Requirements
Texas Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Witnesses are not required but are strongly recommended.
- Must include durability language to survive incapacity.
- Agent is a fiduciary and must act in the principal's best interest.
- A separate Medical Power of Attorney is needed for healthcare decisions (Tex. Health & Safety Code § 166.151).
Governing Laws
Texas Governing Laws
Tex. Est. Code § 751.001
Durable Power of Attorney Act
Governs the creation, effect, and termination of durable powers of attorney in Texas.
Tex. Est. Code § 752.051
Statutory Durable Power of Attorney Form
Texas's statutory form for a durable power of attorney, providing broad financial powers.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Power of Attorney — Frequently Asked Questions
Does Texas require witnesses for a Power of Attorney?
No. Texas does not require witnesses for a financial POA — only notarization is required. However, having witnesses is strongly recommended as additional evidence of the principal's intent and capacity.
When did Texas adopt the Uniform Power of Attorney Act?
Texas adopted the UPOAA effective January 1, 2018. This updated Texas POA law to be more consistent with other states that have adopted the UPOAA, making it easier to use Texas POAs in other jurisdictions.
Can a Texas agent give themselves gifts from the principal's assets?
Not without explicit authority. An agent cannot give themselves gifts or transfer assets to themselves unless the POA expressly authorizes this specific power. Self-dealing without authorization can result in legal liability.