Life doesn’t always go as planned. Illness, injury, travel, or simply getting older can make it hard for someone to manage important tasks on their own. A power of attorney (POA) is one of the simplest tools Texans can use to prepare for the unexpected.
“A power of attorney lets you appoint a trusted person to step in and make decisions for you when you cannot,” explains Brittany A. Sloan, managing attorney for B Sloan Law.
Even if you never need it, having a POA in place gives peace of mind to you and your loved ones. This guide breaks down what Texans should know about powers of attorney, the types available, and why they matter.
What Is a Power of Attorney?
A power of attorney is a written legal document that allows one person (the “principal”) to authorize another (the “agent” or “attorney-in-fact”) to act on their behalf. The principal chooses both the agent and the powers they are granting.
For example:
- A busy business owner might give their accountant a limited POA to sign checks while they are overseas.
- A retired parent might sign a durable POA so an adult child can pay bills and manage investments if the parent is no longer able.
You stay in control as long as you are capable. And in most cases, you can revoke the POA whenever you want. The key is matching the right type of POA to your needs.
Types of Powers of Attorney in Texas
The Texas State Law Library’s Power of Attorney Fact Sheet outlines the main categories. Here’s what they mean in everyday language:
Statutory Durable Power of Attorney
- Purpose: Manages financial and property matters.
- Durability: Stays in effect even if you become incapacitated.
- Examples of authority:
- Paying bills and taxes
- Managing bank accounts, investments, and retirement funds
- Selling or buying real estate
- Handling insurance policies
- Why it matters: Without one, your family may need to go through a court guardianship process to access funds for your care.
- Legal reference: The statutory durable power of attorney is governed by the Texas Estates Code, Title 2, Subtitle P (Sections 751–753). All durable POAs must include language stating they remain effective after incapacity and be signed in front of a notary public.
Medical Power of Attorney
- Purpose: Authorizes someone to make health care decisions when you cannot communicate with your doctors.
- Scope: Can include decisions about treatments, surgeries, medications, and which hospital you are admitted to.
- Execution requirements: To be valid in Texas, a Medical POA must be signed in front of either a notary public or two qualified adult witnesses. Certain individuals—such as family members, beneficiaries, and healthcare providers—cannot serve as witnesses.
- Activation: The agent's authority begins only after a physician certifies in writing that the principal cannot make health decisions.
General Power of Attorney
- Purpose: Grants broad authority over financial and legal matters.
- Limitation: Ends if you become incapacitated.
- Best use: Short-term situations, like when you’re traveling but want someone to handle business transactions or property matters while you’re away.
Limited or Special Power of Attorney
- Purpose: Grants narrow authority for a specific act or period of time.
- Examples:
- Allowing a realtor to sign closing documents while you’re out of state
- Permitting someone to manage a single bank account for a limited period
- Advantage: Keeps control by restricting what your agent can do.
Springing Power of Attorney
- Purpose: Only takes effect after a specific event, usually when a doctor certifies you are incapacitated.
- Benefit: Ensures your agent’s authority does not begin until absolutely necessary.
- Potential drawback: Can cause delays if medical proof is needed quickly.
Why Texans Use Powers of Attorney
Creating a POA may not be exciting, but it’s one of the most practical steps you can take for your family. Benefits include:
- Continuity of Care and Finances: Your bills are paid, accounts managed, and health care decisions made without interruption.
- Avoiding Guardianship Court: Without a POA, loved ones may have to petition the court for guardianship—a process that is expensive, time-consuming, and stressful.
- Flexibility and Control: You decide exactly what powers your agent has. You can grant broad authority or limit it to one transaction.
- Peace of Mind: Knowing someone you trust can step in helps reduce worry for you and those closest to you.
Choosing Your Agent
The most important decision you’ll make is who to appoint. In Texas, your agent must be an adult and should be someone you trust completely. Common choices include a spouse, adult child, sibling, or close friend.
An agent’s duties include:
- Acting in good faith and in your best interest.
- Keeping records of transactions.
- Staying within the authority you’ve granted.
- Disclosing that they are acting on your behalf when signing documents.
Because your agent may one day have significant control over your finances or health care, the choice should not be made lightly.
Legal Requirements in Texas
To create a valid POA in Texas, you generally must:
- Be at least 18 and of sound mind.
- For financial POAs including the statutory durable POA, sign the document in front of a notary public.
- For medical POAs, sign in front of either a notary public or two qualified adult witnesses (certain people cannot serve as witnesses, including close family, beneficiaries, or your healthcare providers).
- Use the appropriate statutory form if required by law—Texas provides standard forms for durable and medical POAs but allows for custom documents if they meet statutory requirements.
You can revoke your POA at any time as long as you are competent. Revocations should be in writing and communicated to both your agent and any third parties (such as banks) that may rely on the document.
Common Myths About Powers of Attorney
- “I don’t need one until I’m older.” Accidents or illnesses can happen at any age. Many young adults set up POAs before traveling or serving in the military.
- “My spouse automatically has authority.” In Texas, even a spouse may face roadblocks in accessing accounts or signing legal documents without a POA.
- “It’s too complicated.” While the forms must be done correctly, the process is straightforward with the right help.
Getting Help with Powers of Attorney
The Texas State Law Library and nonprofit groups like TexasLawHelp.org stress that a POA is a powerful document. A mistake in wording or execution can make it invalid. That’s why it’s best to work with a professional resource.
At Sloan Docs, we make the process simple and affordable. Our platform helps Texans create estate planning documents—wills, trusts, durable powers of attorney, and medical directives—with guidance to ensure they’re legally sound and personalized to your needs.
Sloan Docs Can Help You Every Step of the Way
A power of attorney is more than a form—it’s a plan. It ensures your wishes are respected, your finances are managed, and your medical care reflects your values, even when you cannot speak for yourself.
Ready to prepare your power of attorney? Sloan Docs can help you every step of the way. Contact us today to get started.
Legal Disclaimer: Many new Texas laws affecting powers of attorney took effect September 1, 2025. For complex concerns or special circumstances, check updated statutory requirements or consult a Texas attorney for guidance.