Does a Texas power of attorney need to be notarized?
Yes. In Texas, a durable power of attorney must be signed by the adult principal, or by another adult the principal directs to sign in the principal's conscious presence, and acknowledged before an officer authorized to take acknowledgments to deeds and administer oaths, such as a notary. It can be notarized online.
- Law
- Tex. Est. Code § 751.0021 · checked October 14, 2026
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What does notarizing it do?
If the officer taking the acknowledgment followed the required acknowledgment procedure, the principal's signature (or that of the adult signing at the principal's direction) is presumed genuine, and the durable power of attorney is presumed to have been properly executed.1
How is a power of attorney signed in Texas?
The rule is in Tex. Est. Code § 751.0021.2 The steps are: (1) the adult principal signs the durable power of attorney, or another adult signs the principal's name at the principal's direction and in the principal's conscious presence; then (2) the principal, or that directed adult, acknowledges it before an officer authorized under Texas or another state's law both to take acknowledgments to deeds of conveyance and to administer oaths.3
What must a power of attorney say in Texas?
The durable power of attorney must contain either "This power of attorney is not affected by subsequent disability or incapacity of the principal" or "This power of attorney becomes effective on the disability or incapacity of the principal", or similar words clearly showing the agent's authority continues despite the principal's later disability or incapacity.4
What does Texas law say about recording it?
When a durable power of attorney is used for a real property transaction that requires an instrument to be executed, delivered and recorded (such as a deed, mortgage, deed of trust, lien, mineral lease or release), it must be recorded with the county clerk of the county where the property is located no later than the 30th day after that instrument is filed for recording.5
Does Texas have an official power of attorney form?
Texas provides an optional fill-in form called the statutory durable power of attorney for property and financial matters, and a document that substantially follows that form has the meaning and effect the law gives it.6
How long does a power of attorney last in Texas?
A durable power of attorney ends when any of these happens: the principal dies; the principal revokes it; it says it ends; its purpose is accomplished; an agent's authority ends because the principal revokes that authority, the agent dies, becomes incapacitated, is no longer qualified or resigns, or the agent's marriage to the principal is dissolved by divorce or annulment or declared void by a court (unless the power of attorney provides otherwise), and the document names no other agent to act; or a permanent guardian of the principal's estate qualifies to serve.7
How is a power of attorney revoked in Texas?
Signing a new durable power of attorney does not revoke an earlier one unless the new one states that the earlier one, or all other durable powers of attorney, are revoked.8
What is a power of attorney?
A power of attorney is a legal document that allows someone else to act on your behalf.9
How do I get it notarized in Texas?
Notriv's commissioned notaries notarize documents online for signers in Texas.
Upload your power of attorney on Notriv to book an online notary.
Where these facts come from
- 1. What notarizing it gives: If the officer taking the acknowledgment followed the required acknowledgment procedure, the principal's signature (or that of the adult signing at the principal's direction) is presumed genuine, and the durable power of attorney is presumed to have been properly executed. · statutes.capitol.texas.gov · checked October 13, 2026
- 2. Governing statute: Tex. Est. Code § 751.0021 · Tex. Est. Code § 751.0021 · statutes.capitol.texas.gov · checked October 12, 2026
- 3. How to sign it: The steps are: (1) the adult principal signs the durable power of attorney, or another adult signs the principal's name at the principal's direction and in the principal's conscious presence; then (2) the principal, or that directed adult, acknowledges it before an officer authorized under Texas or another state's law both to take acknowledgments to deeds of conveyance and to administer oaths. · statutes.capitol.texas.gov · checked October 13, 2026
- 4. Wording it must contain: The durable power of attorney must contain either "This power of attorney is not affected by subsequent disability or incapacity of the principal" or "This power of attorney becomes effective on the disability or incapacity of the principal", or similar words clearly showing the agent's authority continues despite the principal's later disability or incapacity. · statutes.capitol.texas.gov · checked October 13, 2026
- 5. Whether it must be recorded: When a durable power of attorney is used for a real property transaction that requires an instrument to be executed, delivered and recorded (such as a deed, mortgage, deed of trust, lien, mineral lease or release), it must be recorded with the county clerk of the county where the property is located no later than the 30th day after that instrument is filed for recording. · statutes.capitol.texas.gov · checked October 13, 2026
- 6. The official form: Texas provides an optional fill-in form called the statutory durable power of attorney for property and financial matters, and a document that substantially follows that form has the meaning and effect the law gives it. · statutes.capitol.texas.gov · checked October 13, 2026
- 7. How long it stays valid: A durable power of attorney ends when any of these happens: the principal dies; the principal revokes it; it says it ends; its purpose is accomplished; an agent's authority ends because the principal revokes that authority, the agent dies, becomes incapacitated, is no longer qualified or resigns, or the agent's marriage to the principal is dissolved by divorce or annulment or declared void by a court (unless the power of attorney provides otherwise), and the document names no other agent to act; or a permanent guardian of the principal's estate qualifies to serve. · statutes.capitol.texas.gov · checked October 13, 2026
- 8. How to revoke it: Signing a new durable power of attorney does not revoke an earlier one unless the new one states that the earlier one, or all other durable powers of attorney, are revoked. · statutes.capitol.texas.gov · checked October 13, 2026
- 9. What the document is: A power of attorney is a legal document that allows someone else to act on your behalf. · consumerfinance.gov · checked October 1, 2026