Updated August 3, 2026. Quick answer: A durable power of attorney must be signed by the principal (or, in the principal’s conscious presence, by another adult the principal directs), and the signature must be acknowledged before a notary public or other officer authorized under Texas or another state’s law to take acknowledgments to deeds of conveyance and administer oaths; the statute does not require any witnesses.. This state puts a form in its statute. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | A durable power of attorney must be signed by the principal (or, in the principal’s conscious presence, by another adult the principal directs), and the signature must be acknowledged before a notary public or other officer authorized under Texas or another state’s law to take acknowledgments to deeds of conveyance and administer oaths; the statute does not require any witnesses. |
| Statutory form | Yes — Tex. Estates Code § 752.051 (Chapter 752, Subchapter B, “Form of Statutory Durable Power of Attorney”) |
| Durability | Must say it is durable |
| Who may not witness | none stated |
| Agent must accept in writing | No |
| Statute | Tex. Estates Code, Title 12, Subtitle P, Chapters 751 (“Durable Power of Attorney Act” — general provisions) and 752 (statutory durable power of attorney form) |
What decides whether the document is valid
A durable power of attorney must be signed by the principal (or, in the principal’s conscious presence, by another adult the principal directs), and the signature must be acknowledged before a notary public or other officer authorized under Texas or another state’s law to take acknowledgments to deeds of conveyance and administer oaths; the statute does not require any witnesses. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
Texas sets out a form in its statute at Tex. Estates Code § 752.051 (Chapter 752, Subchapter B, “Form of Statutory Durable Power of Attorney”), but does not publish a free ready-to-use copy. Using the statutory form generally means transcribing it from the statute.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Texas addresses this by statute: Yes. Under Tex. Estates Code § 751.201, a person presented with a durable power of attorney must accept it, or within 10 business days request an agent’s certification or opinion of counsel (or within 5 business days request an English translation); after receiving a requested certification/opinion, the person must accept within 7 business days, subject to the refusal grounds listed in § 751.206. A person who wrongfully refuses is subject, under § 751.212, to a court order mandating acceptance and may be ordered to pay court costs and reasonable attorney’s fees.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.