Full question:
Does a general durable power of attorney form (no medical decisions) in Texas need to have witnesses if the form is notarized properly?
- Category: Power of Attorney
- Date:
- State: Texas
Answer:
Witnesses are not required for a general power of attorney in Texas. Please see the following Texas statute:
§ 482 PROB. CODE Definition
A "durable power of attorney" means a written instrument that:
(1) designates another person as attorney in fact or agent;
(2) is signed by an adult principal;
(3) contains the words "This power of attorney is not affected by subsequent disability or incapacity of the principal," or "This power of attorney becomes effective on the disability or incapacity of the principal," or similar words showing the principal's intent that the authority conferred on the attorney in fact or agent shall be exercised notwithstanding the principal's subsequent disability or incapacity; and
(4) is acknowledged by the principal before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths under the laws of this state or any other state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
