By Frank Flores, founder of FamiliaLista · Updated November 3, 2026

Texas statutory durable power of attorney: how to fill it out and sign

A durable power of attorney lets someone you trust handle your money, bills and property if you can't. Texas has a free statutory form. You choose the powers by initialing each line, and you sign it in front of a notary. It ends when you die; from then on, the will and the executor take over.

What does it let your agent do?

Your agent can act for you in the areas you initial: banking, bills, property, taxes, government benefits, retirement plans and more. It doesn't cover medical decisions; that's a separate medical power of attorney. A durable power of attorney ends at your death, when you revoke it, or when a court appoints a guardian of your estate. See power of attorney vs. will. Sources: Tex. Estates Code ch. 752, Tex. Estates Code ch. 751.

Where do you get the form?

The statutory form is written in the Texas Estates Code, section 752.051, and it's free. TexasLawHelp has a printable version, and Texas HHS posts it too. The Texas State Law Library lists the HHS form in English and Spanish. Sources: Tex. Estates Code ch. 752, TexasLawHelp, statutory durable power of attorney form, Texas HHS, statutory durable power of attorney form, Texas State Law Library, durable powers of attorney.

How do you choose the powers?

• Initial each power you grant, from (A) real property through (N) digital assets. Lines you don't initial aren't granted.
• To grant them all, initial line (O) only.
• Co-agents act independently unless you initial a line that says they must act together.
• Gifts are allowed only if you initial that sentence, and they're limited to the yearly federal gift tax exclusion per person.
• Successor agents: name backups, in order, in case your agent can't serve.
• Home equity loans: if you want your agent to sign these, you must sign the power of attorney at the office of the lender, a lawyer or a title company.

Source: Tex. Estates Code ch. 752.

Now or only if you become incapacitated?

On the form, cross out one of two choices: (A) it is not affected by your later disability, which makes it work right away, or (B) it starts only when you become disabled or incapacitated. If you cross out neither, Texas treats it as (A). With (B), unless the form says otherwise, you're considered incapacitated when a doctor certifies in writing, after examining you, that you can't manage your finances. Sources: Tex. Estates Code ch. 752, Tex. Estates Code ch. 751.

How do you sign it?

You must be an adult of sound mind. You sign it, or another adult signs your name in your presence at your direction, and you acknowledge it before a notary. Keep the original safe and give your agent a copy; the form says a third party who gets a copy may act on it. Sources: Tex. Estates Code ch. 751, TexasLawHelp, powers of attorney, Tex. Estates Code ch. 752.

When do you record it with the county?

Only for real estate. If your agent signs a deed, a mortgage, a lease or a lien that will be recorded, the power of attorney must be recorded with the county clerk where the property is, no later than 30 days after that document is filed. A bank or business can't otherwise require you to record it. Source: Tex. Estates Code ch. 751.

Does the bank have to accept it?

• The bank must accept it, or within 10 business days ask for an agent's certification or a lawyer's opinion. It then has 7 business days after receiving it to accept.
• If the document isn't in English, the bank can ask for an English translation within 5 business days.
• The bank can't make you use its own form for powers your document already grants.
• The law lists the reasons a bank can refuse, such as a conflict with another law. If a bank refuses without a valid reason, a court can order it to accept and pay court costs and lawyer's fees.

Source: Tex. Estates Code ch. 751.

What does your agent owe you?

Your agent is a fiduciary: they must act in good faith, stay within the powers you gave, act loyally for your benefit, avoid conflicts, and keep a record of every action. When signing for you, they write your name, then "by," their signature, and "as Agent." Source: Tex. Estates Code ch. 752.

How do you cancel or change it?

You can revoke it at any time while you understand what you're doing. Tell your agent and every bank or business that has a copy; a sworn written revocation is best. If you named your spouse and you divorce, their authority ends unless the document says otherwise, and your successor agent steps in. Sources: TexasLawHelp, powers of attorney, Tex. Estates Code ch. 751.

Checklist

• [ ] The statutory form, with each power initialed.
• [ ] One or more successor agents named.
• [ ] Choice (A) or (B), with the other crossed out.
• [ ] Signed before a notary.
• [ ] A copy for your agent, and the original somewhere safe.
• [ ] Recorded with the county clerk if your agent may sign real estate papers.

Your agent will also need to know where your accounts and bills are. A life operations manual gives them that map.

Frequently asked questions

Sources

• statutes.capitol.texas.gov/Docs/ES/htm/ES.752.htm
• statutes.capitol.texas.gov/Docs/ES/htm/ES.751.htm
• texaslawhelp.org/form/durable-power-of-attorney-in-texas-statutory-form
• hhs.texas.gov/regulations/forms/advance-directives/statutory-durable-power-attorney-sdpoa
• guides.sll.texas.gov/powers-of-attorney/durable-powers-of-attorney
• texaslawhelp.org/article/powers-of-attorney

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.

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