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In order to obtain a power of attorney in Texas, you must have the person granting the power (known as the “principal”) sign a document that gives legal permission for another person to act on their behalf. This document is known as a “durable power of attorney” and must meet all legal requirements under the Texas Estates Code.
The document must be signed in front of a notary public, two witnesses, or a lawyer. All parties must also sign an affidavit stating that the principal is of sound mental health and that they understand the scope of the authority they are granting.
The document must also include the name and address of the attorney-in-fact (the person to whom the power of attorney is granted), a description of the powers being granted, and the date on which the power of attorney becomes effective.
The cost of a power of attorney in Texas can vary depending on where you obtain the document. You may be able to find free forms online, but these will likely not meet all of the legal requirements. This can cause issues if the document needs to be presented in court.
If you are obtaining the document from a lawyer, you can expect to pay anywhere from $50 to a few hundred dollars for the document and necessary services. Notaries typically charge a fee for the notarization.
A notary public is not required for a power of attorney in Texas, but it is highly recommended as it will help ensure that the document meets all legal requirements. The notary will also witness the signing of the document and verify the identity of the principal, which is important in cases where the power of attorney is being used in court.
Notaries may also be able to provide advice on the document and help to ensure that it contains all of the necessary information. It is important to work with a notary that is familiar with the Texas Estates Code and the requirements for a valid power of attorney.
In summary, a power of attorney in Texas requires the principal to sign a valid durable power of attorney document in the presence of a notary or two witnesses. The cost of the document will vary depending on where it is obtained, and a notary is not required but is highly recommended. With the proper document in place, the attorney-in-fact will have the legal authority to act on behalf of the principal.
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