Will.com / Power of attorney / Texas

TX · Durable Power of Attorney

Make your Texas power of attorney.

Name someone you trust to handle your finances if you can't. Legally valid in Texas. Free to create, or add secure online document storage with the $29/year subscription.

Texas POA requirements

Witnesses requiredNone required
NotarizationRequired
Statutory formStatutory Durable Power of Attorney
StatuteTex. Estates Code §752.051

Key features in Texas

  • Required all-caps statutory warning notice (unique to Texas)
  • 14 power categories with individual initialing
  • Explicit durability statement required by law (not presumed)
  • Notary only, no witnesses required
  • Five specific authorities listed in Tex. Est. Code §751.031(b) (creating, amending, revoking, or terminating an inter vivos trust; making a gift; creating or changing rights of survivorship; creating or changing a beneficiary designation; and delegating authority granted under the power of attorney) may be exercised only if the durable power of attorney expressly grants them. Initialing the 14 standard §752.051 categories, or line (O) for all of them, is not that express grant. On the statutory form the express grant is made in the SPECIAL INSTRUCTIONS section, which carries a separate initial line for the gift power capped at the federal gift tax annual exclusion.

How it works

  1. 1

    Answer a few questions

    About your agent, the powers you want to grant, and when they take effect.

  2. 2

    Download your power of attorney

    A complete, personalized document, formatted for Texas.

  3. 3

    Sign and share

    Sign in front of a notary. Give a copy to your agent.

Two tiers, both private

Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.

Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.

Ready to create your POA?

Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.

Also for Texas