Do You Need to Have a Power of Attorney Notarized for the State of Texas?

By Marie Murdock

A power of attorney is a document by which a person, known as the principal, appoints another person, known as the attorney-in-fact, to act on her behalf to perform certain acts or sign documents. Different states may have different requirements as to the method of execution of a legally-binding power of attorney. In Texas, not all types of powers of attorney have to be notarized.

A power of attorney is a document by which a person, known as the principal, appoints another person, known as the attorney-in-fact, to act on her behalf to perform certain acts or sign documents. Different states may have different requirements as to the method of execution of a legally-binding power of attorney. In Texas, not all types of powers of attorney have to be notarized.

Medical

Under Texas statutes, a medical power of attorney allows an agent or attorney-in-fact to make healthcare decisions on behalf of the principal, once the principal is declared incompetent by an attending physician. To become effective, the power of attorney must have been executed when the principal was competent to sign legal documents and witnessed by two qualifying witnesses. At least one of the witnesses may not be a relative, health care provider or person interested in the estate of the principal. A medical power of attorney does not, however, have to be notarized.

Ready to appoint a power of attorney? Get Started Now

Statutory Durable

A statutory durable power of attorney is often general, granting the attorney-in-fact broad powers to perform most any act or sign most any document on behalf of the principal. The durable language in this type of power of attorney makes it effective even after the subsequent disability or mental incompetence of the principal. As the impact of using this document can be far-reaching, Texas code requires it to be notarized.

Real Estate Transactions

A power of attorney may be presented in a real estate closing when the principal is unavailable to sign documents such as a deed or mortgage. Generally, title insurance underwriters in Texas will require that any power of attorney used to execute real estate conveyances be notarized and recorded, regardless of whether it is general or specific to the transaction in question.

Vehicles

Often a power of attorney will be used to allow someone other than the vehicle owner to register a vehicle, convey it to someone else or get it out of impound. Texas Department of Motor Vehicles Form VTR-271 entitled “Power of Attorney to Transfer Motor Vehicle” is available as a fillable form on the txdmv.gov website. This fillable form does not provide, on its face, for notarization. According to the Texas Towing & Storage Association’s website, however, an impounded vehicle will be released to someone who, in addition to meeting other criteria, presents a “notarized power of attorney.” Contact the DMV or other organization ahead of time when dealing with a power of attorney regarding a motor vehicle to determine the organization’s requirements.

Ready to appoint a power of attorney? Get Started Now
How to Transfer a Title With a Power of Attorney

References

Related articles

Power of Attorney & How to Sign Legal Documents

A power of attorney enables one person to sign legal documents or perform actions on behalf of another. Powers of attorney may be broad, granting almost unlimited authority, or they may be very limited and specific to a particular transaction. They may be created for convenience or in anticipation of a future debility.

How to Obtain Power of Attorney Forms in Texas

A power of attorney is a legal document in which one person, called the principal, gives another person, called the agent, the power to manage the principal's financial affairs or to make health decisions on his behalf. There are several different types of power of attorney, and the powers given to an agent can vary. These can include signing contracts, managing real estate on the principal's behalf, and choosing a nursing home. Because of this, people delegating complicated powers may chose to have their power-of-attorney form drawn up by a lawyer. If you want to do it yourself, Texas forms are available online.

What Should Be in a Power of Attorney?

A power of attorney is a legal document that gives to another person, your agent or attorney-in-fact, authority to make decisions for you and act on your behalf. Powers of attorney can be very broad, allowing your agent to do many things for you, or they can be limited, just giving your agent authority to do one specific act. Since the document itself gives your agent his power, you must ensure the power of attorney describes exactly what powers you are giving to your agent.

Related articles

Power of Attorney in Nevada

You may wish to complete and sign a power of attorney if you would like someone else to have the power to act on your ...

Does a Durable Power of Attorney Require Witnesses?

A durable power of attorney is a document that authorizes your appointed agent to sign documents and perform other ...

Power of Attorney Rules

A power of attorney is a legal relationship in which one person (the principal) grants another party (the agent) the ...

Power of Attorney for Real Estate Transactions in Florida

A power of attorney document may be used in real estate transactions in Florida so that one person may sign documents ...

Browse by category