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STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE.

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What is a statutory power of attorney Texas?

Texas Durable (Statutory) Power of Attorney Form can be used to designate another person, usually called an agent(s) or an attorney(s)-in-fact, to represent your monetary interests and act on your behalf. The decisions they make would be binding as if you had made the decisions yourself.

What does power of attorney mean in Texas?

A power of attorney is a legal document, whereby one person, called the "principal," gives another person, called the "agent" or the "attorney in fact," the authority to take certain actions on behalf of the principal.

What is power of attorney in Texas?

A power of attorney is a written document that authorizes someone to make decisions or take actions on your behalf. In Texas, there are many kinds of powers of attorney that will accomplish different things.

Does a power of attorney have to be recorded in Texas?

Texas Durable Power Of Attorney Recording Requirement. House Bill 3316 signed by the governor June 17, 2015 and effective September 1, 2015 requires durable powers of attorney for a real property transaction to be recorded within 30 days after the instrument is filed for recording.

How long does a power of attorney last in Texas?

Yes. There are five instances when a power of attorney ends: it ends if it has an ending date; it ends when you become incapacitated if the power of attorney is not a durable one; it ends when you revoke it; it ends when a guardian of the estate is appointed for you; or it ends when you die.

How do you get power of attorney in Texas?

Step 1: Determine which type of POA you will need. Step 2: Download the Texas Medical Power of Attorney disclosure statement form. You can find this on the Texas Medical Association website. Step 3: Take this form to a notary public to have it notarized.

Does a power of attorney need to be recorded in Texas?

You don't have to file your power of attorney with the court. However, if you're entrusting your agent to buy or sell real estate for you, you do have to record the power of attorney with the clerk in each county where the property is located.

Does a power of attorney need to be filed?

Generally, the document must be signed, witnessed and notarized by an adult. If your agent will have to deal with real estate assets, some states require you to put the document on file in the local land records office. The power of attorney for finances is typically extinguished upon death, revocation, or divorce.

What can you do as a durable power of attorney in Texas?

By signing a durable power of attorney, the principal authorizes another person to engage in specified business, financial and legal transactions on his or her behalf. It is called durable because it does not terminate if the principal become disabled or incapacitated.

Is your spouse automatically your power of attorney?

Your spouse, by the way, does not automatically have your power of attorney over property that is in your name only. A power of attorney will define what the agent can do on your behalf, and in what circumstances. Some powers of attorney are limited.

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