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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
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Subtitle P. DURABLE POWERS OF ATTORNEY |
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Chapter 751. GENERAL PROVISIONS REGARDING DURABLE POWERS OF ATTORNEY |
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Subchapter A. GENERAL PROVISIONS |
Sec. 751.002. DEFINITION OF DURABLE POWER OF ATTORNEY
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A "durable power of attorney" means a written instrument that:
(1) designates another person as attorney in fact or agent;
(2) is signed by an adult principal;
(3) contains:
(A) the words:
(i) "This power of attorney is not affected by subsequent disability or incapacity of the principal"; or
(ii) "This power of attorney becomes effective on the disability or incapacity of the principal"; or
(B) words similar to those of Paragraph (A) that show the principal's intent that the authority conferred on the attorney in fact or agent shall be exercised notwithstanding the principal's subsequent disability or incapacity; and
(4) is acknowledged by the principal before an officer authorized under the laws of this state or another state to:
(A) take acknowledgments to deeds of conveyance; and
(B) administer oaths.