Texas Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Texas governs financial powers of attorney through the Durable Power of Attorney Act, Tex. Est. Code ch. 751 and ch. 752, which were substantially revised effective September 1, 2017. A Texas POA is NOT durable by default; the document must include express durability language and must be acknowledged before a notarial officer. Medical decisions require a completely separate instrument under Tex. Health & Safety Code ch. 166, Subch. D.

What a Power of Attorney Does in Texas

A power of attorney is a written document in which a principal grants an agent authority to act on the principal's behalf in financial, legal, or personal matters. The scope of authority depends on what the document specifies. It can be broad, covering virtually all financial and property affairs, or it can be narrow, authorizing only a specific transaction.

Texas recognizes general POAs, limited POAs, and durable POAs for financial matters under Tex. Est. Code ch. 751. All financial POAs executed in Texas on or after September 1, 2017 are governed by the revised Durable Power of Attorney Act.

An agent under a Texas financial POA acts as a fiduciary. Once a person accepts the agent role, the duties attach automatically. The agent must act in the principal's best interest, consistent with the principal's known wishes, and avoid conflicts of interest.

A POA ends automatically when the principal dies. At that point, the personal representative of the estate, not the agent, controls the principal's property. An agent has no authority to act after the principal's death.

Durable vs. Non-Durable Power of Attorney in Texas

Texas is one of the states where a power of attorney is NOT durable by default. Under Tex. Est. Code §751.0021, a power of attorney qualifies as durable only if it contains language expressly stating one of the following:

• "This power of attorney is not affected by subsequent disability or incapacity of the principal."
• "This power of attorney becomes effective on the disability or incapacity of the principal."

If neither statement (or substantially equivalent language) appears in the document, the POA terminates automatically if the principal later becomes incapacitated. This matters enormously in practice: a non-durable POA fails precisely when the agent's help is most needed. To avoid that gap, ask a Texas estate planning lawyer for a free case evaluation to confirm the document has durability language before signing (attorney advertising).

Texas also permits springing POAs. The second form of durability language above creates a springing POA: it takes effect only when the principal becomes disabled or incapacitated. Under Tex. Est. Code §751.00201, incapacity exists when a physician certifies in writing, based on a medical examination, that the person is mentally incapable of managing financial affairs.

A key default rule under §751.135: executing a new power of attorney does NOT automatically revoke an earlier one. If a principal wants to cancel a prior POA, the new document must expressly state that prior powers are revoked.

How to Create a Valid Texas Power of Attorney

Tex. Est. Code §751.0021 sets out the execution requirements for a durable financial POA in Texas.

Signature. The POA must be signed by the adult principal, or by another adult directed by the principal to sign the principal's name on the document.

Notarization (acknowledgment). The principal must acknowledge the signature before an officer authorized to take acknowledgments to deeds and administer oaths in Texas. A Texas notary public or other officer with such authority satisfies this requirement. Notarization is not merely recommended: it is a required execution element under Texas law for a durable POA. Texas also requires express durability language if the document is meant to survive incapacity, and an online generator can compose a Texas power of attorney for the principal to review before signing and having it notarized.

No witness requirement. Unlike the medical POA (discussed below), a Texas financial POA does not require witnesses. Notarization is the only external authentication required.

Statutory form. Texas provides an optional statutory durable power of attorney form under §752.051. The form covers 14 categories of powers, lettered (A) through (N): real property transactions, tangible personal property transactions, stock and bond transactions, commodity and option transactions, banking and other financial institution transactions, business operating transactions, insurance and annuity transactions, estate and trust matters, claims and litigation, personal and family maintenance, government benefits, retirement plan transactions, tax matters, and digital assets and the content of an electronic communication. The principal may initial specific categories or initial (O) to grant all of (A) through (N) at once. Use of the statutory form is optional; any document meeting the requirements of ch. 751 is valid.

A Texas durable POA for real property transactions must be recorded with the county clerk within 30 days of being filed for recording, under §751.151.

What a Texas Agent Can and Cannot Do

Fiduciary Duties Under the 2017 Amendments

The 2017 amendments to the Durable Power of Attorney Act significantly strengthened agent accountability. Under §§751.101-751.106, an agent who accepts appointment must:

• Act as a fiduciary when exercising any authority under the POA.
• Timely inform the principal of each action taken on the principal's behalf.
• Maintain complete records of all actions and decisions until they are delivered to the principal, the principal releases the agent, or a court discharges the agent.
• Provide a full accounting within 60 days of a proper demand, covering property descriptions, receipts, disbursements, asset values, cash balances, liabilities, and documentation of all transactions.

If the agent fails to provide the accounting within 60 days, the principal may bring a court action to compel delivery or terminate the POA (§751.105).

Hot Powers Requiring Express Authorization

Certain high-stakes actions cannot be taken unless the POA document specifically and expressly grants each one. Under §751.031, an agent must have express written authority to:

• Create, amend, revoke, or terminate an inter vivos trust.
• Make a gift.
• Create or change rights of survivorship in property.
• Create or change a beneficiary designation.
• Delegate authority granted under the POA to another person.

This is a default rule for every Texas durable power of attorney, not a feature of the statutory form: unless the document provides otherwise, language granting general authority with respect to gifts limits the agent to gifts per donee of no more than the annual federal gift tax exclusion, or double that amount if the principal's spouse consents to gift splitting (§751.032).

An agent who is not an ancestor, spouse, or descendant of the principal faces a further restriction: absent express authorization, that agent may not use these hot powers to create any interest in property for themselves or for persons they legally support.

What an Agent Cannot Do

A financial POA under ch. 751 does not authorize healthcare decisions, regardless of what it says. An agent also cannot act after the principal's death, cannot create or modify a will on the principal's behalf, and cannot benefit themselves at the principal's expense unless the document expressly permits it.

If two or more co-agents are named, they may act independently unless the POA requires joint action (§751.021).

Medical Power of Attorney in Texas

Texas separates medical decision-making authority from financial authority into two entirely different statutes. A financial POA under Tex. Est. Code ch. 751 expressly does NOT authorize healthcare decisions; the statute carves out medical POAs from its scope (§751.0015).

Medical decision-making authority in Texas is granted through a Medical Power of Attorney, governed by Tex. Health & Safety Code ch. 166, Subch. D (§§166.151-166.166). The person appointed is the healthcare agent (sometimes called the attorney in fact for healthcare).

Execution of a Texas Medical POA

A Texas Medical POA has different execution requirements from the financial POA. Under §166.154, the document must be signed by the adult principal. Rather than notarization, the standard execution method requires two qualified adult witnesses to sign the document in the principal's presence.

Disqualified witnesses include: the healthcare agent named in the document, the principal's healthcare provider or an employee of that provider, operators and employees of a residential care facility where the principal resides, and anyone who would benefit from the principal's estate.

Alternatively, the Medical POA may be acknowledged before a notary public in lieu of witnesses.

Scope and Limitations of the Healthcare Agent's Authority

The healthcare agent under a Texas Medical POA may make all healthcare decisions the principal could have made, but only when the principal's attending physician determines that the principal lacks the capacity to make or communicate healthcare decisions (§166.152). The authority is not available while the principal is competent.

Certain decisions are off-limits regardless of what the document says. Under §166.152(f), an agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. That bar is absolute: no wording in the document can grant those powers, and the statutory disclosure statement in §166.163 repeats it without qualification. The same subsection also bars an agent from consenting to neglect of the principal through the omission of care primarily intended to provide for the principal's comfort. An agent may, however, make decisions about withdrawing or withholding life-sustaining treatment, which the statute defines to include artificially administered nutrition and hydration (§166.002(10)).

Revocation of the Medical POA

The principal may revoke a Medical POA at any time and in any manner sufficient to indicate intent to revoke, including orally. The principal must notify the healthcare agent or attending physician of the revocation. Because revocation of the medical POA is informal, it is important to destroy copies held by healthcare providers and to notify treating facilities directly.

Revoking or Ending a Texas Power of Attorney

A competent principal may revoke a financial POA at any time. Texas law does not require a specific form for revocation. The principal may revoke by written notice to the agent, by oral communication, or by any other expression of intent to revoke.

A critical Texas rule: executing a new POA does NOT automatically revoke the prior one (§751.135). The new document must expressly state that it revokes prior powers of attorney, or both documents will remain in effect, potentially creating conflicting agent authority.

Under §§751.131-751.132, a durable POA terminates when:

• The principal dies.
• The principal revokes the POA.
• The document specifies a termination event and it occurs.
• The purpose of the POA is accomplished.
• The agent dies, becomes incapacitated, or resigns and no successor agent is named.
• A permanent guardian of the estate qualifies for the principal.

An agent's authority also terminates when the principal revokes it or when the agent's marriage to the principal is dissolved by court order (unless the POA expressly provides otherwise).

Termination is not effective against a third party who, without actual knowledge of the termination, relies on the POA in good faith under §751.209. This protects banks and title companies that honor a POA before learning of its revocation.

For the full 50-state overview, see our national Power of Attorney guide.

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Legal information, not legal advice. This page summarizes Texas statutory law governing powers of attorney. It does not constitute legal advice and does not create an attorney-client relationship. Texas estate planning involves individual circumstances that a Texas-licensed attorney can evaluate. Consult a qualified Texas attorney before executing or relying on any power of attorney document.

Statutes cited reflect their in-force version as of May 31, 2026.

More Texas Laws

• Texas Alimony Laws
• Texas Divorce Laws
• Texas Probate Laws

Frequently Asked Questions

Is a Texas power of attorney durable by default?

No. Unlike some states, Texas does not make POAs durable by default. Under Tex. Est. Code §751.0021, a financial POA is durable only if it expressly states that it is not affected by subsequent disability or incapacity, or that it becomes effective upon incapacity. Without that language, the POA automatically terminates if the principal becomes incapacitated.

Does a Texas power of attorney need to be notarized?

Yes, for a financial durable POA. Tex. Est. Code §751.0021 requires the principal to acknowledge the document before an officer authorized to take acknowledgments on deeds (typically a notary public). Notarization is an execution requirement, not merely a best practice. Witnesses are not required for a financial POA. A Medical POA under Tex. Health & Safety Code ch. 166 may use either two qualified witnesses or notarization.

What is the difference between a financial POA and a medical POA in Texas?

They are separate instruments governed by different statutes. A financial POA under Tex. Est. Code ch. 751-752 covers property, banking, and legal transactions. A Medical POA under Tex. Health & Safety Code ch. 166, Subch. D authorizes a healthcare agent to make medical decisions when the principal cannot. A financial POA expressly cannot be used to authorize healthcare decisions under §751.0015.

What powers require specific express authorization in a Texas POA?

Under Tex. Est. Code §751.031, an agent must have explicit written authority to: create, amend, revoke, or terminate an inter vivos trust; make gifts; create or change survivorship rights; create or change beneficiary designations; or delegate authority under the POA. A general grant of authority is not sufficient for these hot powers.

Does signing a new Texas power of attorney cancel the old one?

No. Under Tex. Est. Code §751.135, executing a new power of attorney does not automatically revoke prior powers of attorney. If you want to cancel an earlier POA, the new document must expressly state that all prior powers of attorney are revoked. Failing to do so can leave conflicting POAs in effect simultaneously.

When does a Texas Medical POA take effect?

A Texas Medical POA takes effect only when the principal's attending physician determines in writing that the principal lacks the capacity to make or communicate healthcare decisions. The agent has no authority to act while the principal is competent. The principal retains full decision-making authority until that determination is made.

What fiduciary duties does a Texas POA agent have?

Under the Durable Power of Attorney Act (Tex. Est. Code §§751.101-751.106, effective January 1, 2014 and amended in 2017), a Texas agent must act as a fiduciary, timely inform the principal of each action taken, maintain complete records, and provide a full accounting within 60 days of a proper demand. If the agent fails to comply, the principal may sue to compel the accounting or terminate the POA.