A guide to making a Texas power of attorney

What is a power of attorney?

A power of attorney, or POA, is a legal document that lets you grant another person the authority to make important medical or financial decisions on your behalf. This person is called your agent or attorney-in-fact.

In Texas, you’re not required to hire a lawyer to create your power of attorney — you can do it yourself, saving you time and money. As long as you follow Texas’s requirements, any POA you create is legally binding. And with the help of free online software, it’s easier than ever to create a Texas power of attorney that reflects your wishes. We’ll walk you through everything you need to know.

Refresher: What is a power of attorney, and why do I need one?

Types of powers of attorney

Texas recognizes several types of POAs. Each one gives your agent distinct powers and lets them use those powers in different circumstances. You’ll want to choose one that’s the best fit for your situation. Here are some options:

1. Texas medical power of attorney

A medical POA gives your agent the authority to make healthcare decisions on your behalf. These decisions could be about your treatment options, medication, surgery, end-of-life care, and more.

You can learn more about medical powers of attorney in Chapter 166 of the Texas Health and Safety Code.

2. Texas statutory (financial) power of attorney

With a statutory POA — also called a financial POA — you let your agent make decisions about your money and property. For example, you could grant your agent the power to pay your bills, make bank deposits, collect your retirement benefits, and sell or rent out your real estate.

A Texas statutory POA doesn’t let your agent make decisions that could alter your estate plan unless you specifically say so. If you want to give your agent these powers (for example, to revoke a trust or change your beneficiary designation), you need to state that in your POA. If you plan to give your agent a power that could change your estate plan, it’s always a good idea to speak with a lawyer.

A statutory POA also doesn’t allow anyone to make healthcare decisions for you. That’s only possible with a medical POA. However, your financial agent may approve and pay for your medical expenses, since that’s a financial decision.

You can learn more about statutory financial powers of attorney in Chapter 752 of the Texas Estates Code.

3. Texas durable power of attorney

When a power of attorney is “durable,” it means your agent’s authority continues if you’re incapacitated — for example, if you were in a coma. Durable POAs are often used for estate planning, because you’re preparing for a situation where you may not be able to make decisions on your own. If your POA isn’t durable, your agent’s power to act ends if you become incapacitated.

Both medical POAs and statutory POAs can be made durable. Under Texas law, a power of attorney is considered durable if it contains the words: “This power of attorney is not affected by subsequent disability or incapacity of the principal,” or something similar.

You can learn more about durable powers of attorney in Chapter 751 of the Texas Estates Code.

Texas power of attorney requirements

To make a Texas power of attorney, you must:

• Be at least 18 years old.
• Be “of sound mind,” meaning you understand the effects of making a POA.
• In the case of a financial POA, sign your POA in the presence of a notary public. In the case of a medical POA, sign your POA in the presence of a notary public or in front of two competent adult witnesses. There are some exceptions for military POAs and for POAs created in another state.

Under Texas law, if you decide to have your medical POA witnessed, at least one of your witnesses must be “disinterested.” This means they aren’t:

• Your agent
• A family member related to you by blood or marriage
• Someone who stands to inherit something from your estate when you die
• Your doctor, or someone else providing healthcare services to you

Once you create a POA, it’s a good idea to give a copy to your agent. This is so they can present the POA to appropriate authorities (like your bank or hospital) to prove they have the authority to make decisions on your behalf.

How to make a Texas power of attorney

Here are the basic steps to make your Texas power of attorney:

1. Decide which type of power of attorney to make. If your POAs are for estate planning purposes, consider a medical POA for your healthcare preferences and a financial POA for your finances.
2. Decide who you want to be your agent. It’s a good idea to speak to this person beforehand and make sure they’re willing to serve as your agent.
3. Decide what powers you want to give your agent. What financial or medical decisions do you want them to be responsible for managing on your behalf?
4. Get a power of attorney form. Texans can access free financial POA forms and a free medical POA template online.
5. Complete your POA form, sign it, and execute it. If you’re making a financial POA, sign your document in the presence of a notary public. If you’re making a medical POA, sign your POA in front of a notary public or in front of two competent adult witnesses.
6. Consider giving a copy of your POA form to your agent and other interested parties, like your bank and medical office.
7. Keep your POA forms in a safe place with your other estate planning documents.
8. Keep your POA updated as your circumstances change. Estate planners generally recommend reviewing your documents every three to five years, or whenever you have a major life change.

Where to get a power of attorney form in Texas

You can access Texas power of attorney forms for free online:

• The Texas Health & Human Services website offers Texas financial power of attorney forms
• The Texas Health & Safety Code website offers a Texas medical power of attorney template

You can also use an online self-help service like FreeWill to create your free Texas durable financial power of attorney or living will (which includes a healthcare power of attorney).

Who can serve as your agent in Texas?

Under Texas law, your power of attorney agent can be anyone who is at least 18 years old and of sound mind. Your agent doesn’t have to be a lawyer — they can be a family member, close friend, or anyone you trust to act in your best interests. You can also name a trusted company or organization as your financial power of attorney agent. It’s a good idea to check with the organization first to make sure it’s willing and able to serve. Some organizations have requirements for agreeing to serve as an agent, like broader investment powers.

Your medical POA agent can’t be someone who currently provides healthcare services to you, like your doctor or nursing home caretaker.

How to revoke your Texas power of attorney

To revoke your POA, you can:

• Create and execute (sign, witness, and/or notarize) a new power of attorney, and include a statement that revokes all prior POAs you’ve made
• Fill out a revocation of power of attorney form, and execute it just as you did your POA
• If you want to revoke a medical POA, you also have the option to notify your agent or a licensed care provider (orally or in writing) that you intend to revoke the power

In Texas, if your marriage ends and you have listed your ex-spouse as your medical POA agent, their power is automatically revoked unless your POA specifically says otherwise.

It’s always a good idea to notify your original agent in writing to tell them you revoked their authority. You should also reach out to third parties who have your POA on file to tell them about the revocation. Consider giving them a copy of your new POA, if you have one.

You can access a guided "revocation of power of attorney" form on the TexasLawHelp website.

If you have a power of attorney, do you still need a will?

Yes, estate planning professionals agree that you should have both a will and a power of attorney. These documents have different purposes. Your last will and testament takes effect when you pass away and outlines how you want your property distributed after you die. Your POA is used during your lifetime and covers important decisions that have to be made in the event you become ill or injured.

Learn more about how to make a Texas will.

A power of attorney creates peace of mind

If you’re ready to create your power of attorney but aren’t sure where to begin, FreeWill can help. Just choose the type of document you’d like to create, complete the questionnaire, and you’ll receive a valid document reflecting your wishes — completely free. We also include instructions for how to execute your documents to make them legally-binding in Texas.

Create a Texas financial power of attorney

Create a Texas living will (includes medical power of attorney)

Everyone’s situation is unique, so if you have any questions or concerns about your POA, consider meeting with an estate attorney.